To ask for advice on neighbour’s tree?

[TreeHelp]

(NC for this)

Our house is being affected by subsidence caused by a neighbour’s trees - 2 large lime trees at the bottom of her garden. We’ve had cracks in walls, doors slipping in frames for about 12 months now, all reported to insurance company. The structural engineer, arbocultural report, and soil/root samples all concluded that the lime trees were causing the damage.

They wrote to the neighbour about 6 months ago to request removal of the tree, and regularly since then. She has not responded save to acknowledge receipt of the first letter.

Now the insurance company wish to close the claim, and have proposed using Geotherm to inject ground stabilisers underneath our foundations. It also transpired that this neighbour’s trees caused a problem to another house on our street back in 2012 and she was issued with a legal notice of nuisance back then (we have a copy of this).

I just feel so angry and powerless. Her trees are causing massive damage to at least two houses, and she can simply ignore the letters from the insurance company and gets away Scot free.

Do we have any legal remedy? Anyone any advice? The loss adjusters suggested that there would be no point pursuing legal damages as even if damages were awarded, it would be v hard to enforce payment. I really just want the trees removed but failing that I want to be able to do something

(I realise the irony of another thread running on how to stop a neighbour’s tree being cut down...I’m not a tree hater, honest! I just want to protect my house!)

hammer copper nails into it, it will die

Trees are lovely but they can be a nuisance and shouldn't really be in residential streets.

hammer copper nails into it, it will die

Really? I had thought about the poison route, but I think I’d be afraid that if the tree died it would collapse onto our house

I suggest you post in legal www.mumsnet.com/Talk/legal_matters

I suspect all you would be able to claim is the excess from your insurance policy, unless you can get a valuer to say this has reduced the value of your house or your premiums rise as a result (which they will but proving it is tricky). The insurer could claim for the cost of the work. I'd be tempted to try money claim online because if you get judgement and the owner doesnt pay it will affect their ability to get credit. The small claims route doesnt cost you a lot.

Do the roots come under the fence and towards your house? Can you dig to the roots on your side and cut them out? Not good for the tree but it may save your house.
We had a neighbour with eucalyptus trees which were lovely but planted on the fence line. Septic started having problems, comapny came to fix it only to find the roots had burrowed through to the tanks and were blocking it all. They chopped all the roots out, and then recommended Dh dig towards the fence and cut off roots to stop it happening again.
The trees were happy for a couple of years before they started to die off, the owner hired a man to come and remove the lot. Job done.

Yes the trees are at the fence line but the roots come all the way to our back door. They are very deep down by all accounts. Was that a massive messy job, Troels - did you have to get someone in to do it or do t yourselves? Presumably you had to dig up your entire garden?

also under there is a tree preservation order you are legally entitled to cut off any branches overhanging your land at the line of the fence. You should then return them to the owner of the tree. This will reduce the risk of the tree ever falling on your property but may increase the risk of it falling on her property.

Thanks, yes, I think we will have to get a tree surgeon in to cut down all the branches that encroach into our property (almost 1/3 of the tree to my estimation). The tree is so tall we wouldn’t be able to do it ourselves. There’s no TPO.

We were lucky the roots were only down about 3 or four feet. We waited for winter when the ground was wetter and easier to dig, and it was just on the side yard which was then turned into a secondary driveway for Dh to park. Back garden wasn't touched, all our own trees were well away from any pipework and neighbours.

I think I would write one last time sending letter by recorded delivery telling neighbour that
1, I enclose a copy of report putting blame where it lies.
2, You require refund of Excess for insurance and any other costs.
3, You require tree be removed by X date.
4, Unless you hear by ‘Y’ date that all of the above are happening you will commence legal action.

This is NOT repeat NOT the time to be nice, your house is being damaged FFS!

I might get a spot of legal advice first though.

Yes, I had thought of writing to her again - I wonder should I try a gentle tack first, appealing to her in the spirit of good neighbourliness to please remove the trees which are damaging our home? Or straight for the hard cop routine?

Would you be willing to pay op? Tree surgery is expensive. If you offer to pay to remove them she might agree.

Trees are lovely but they can be a nuisance and shouldn't really be in residential streets

Good God - no wonder the planet's fucked.

It's not just the excess though. You'll now have a claim on your house insurance which you'll be required to declare for a number of years, resulting in higher premiums for the whole of that period.

Would you be willing to pay op? Tree surgery is expensive. If you offer to pay to remove them she might agree.

Our insurance company has offered to pay for removal; she hasn’t responded

We have had problems with our neighbours having a huge (taller than the houses) tree in their back garden (their garden is only 15x20ft, and it takes over most of their garden already).
We spent years pleading with them to maintain it while it grew bigger and bigger, but the just ignored us and refused to do anything with it.
we eventually had enough and last year did a lot of research and bought a sack of rock salt and decided to salt the border of our garden.
We did it slowly over a few months and the tree quickly went brown and lost a lot of leaves, some of the branches withered and it has now noticeably shrunk down.
We did panic at first thinking we had potentially killed the tree but it’s still growing new leaves and growing out, just on their side not towards us anymore.

Let the insurance company sort it. Then check to see if you have legal cover to place a claim for the excess via small claims court.

Let the insurance company sort it. Then check to see if you have legal cover to place a claim for the excess via small claims court.

The neighbour is ignoring all communication from the insurance company. They’re now proposing abandoning attempting to get the trees removed, and proceeding instead to stabilising the ground via some sort of injection process. I’m wondering if we have any legal alternative to compel the neighbour to remove the trees/recoup damages etc. Otherwise I feel like she is literally getting away Scot free.

Have you went round and spoken to her? Asked her face to face?

Yes, I went round at the start of all this, to let her know what was going on. She was v standoffish and appeared reluctant to even enter into conversation. Since then I thought it best to leave the communication to the insurance company, but now I’m thinking I might try again, or perhaps write a letter.

we eventually had enough and last year did a lot of research and bought a sack of rock salt and decided to salt the border of our garden.

Don't you have things growing in your border?

Trees can do a lot of damage to property. Trees can kill people if they fall over.
Property and lives should never be in danger.
Too many tree owners leave trees to be very overgrown.

My colleague had this, the drains were affected, the water board took over for her, the trees had to come down. Do you have this problem or gas, say?

Under the law of nuisance (as opposed to trespass) your neighbour is liable for the damage caused. You can make a legal claim against her for this. Consult a lawyer.