Neighbours property damaged by our tree

[Booksandwine80]

I’m hoping someone may be able to advise me a little on this.

We have had a solicitors letter, as our neighbour has subsidance to her property. They have enclosed all sorts of findings and survey results, and basically the problem is that the clay soil under their extension has dried out due to tree roots extending from our tree.

The results have proven that it is our exact type of tree that the roots are coming from. They have basically asked us to acknowledge the letter, and also want to know if we are willing to cut down the tree and treat the roots.

We are more than happy to do this, but should I be worried about admitting any sort of liability? I drafted an email this morning, but I’m worried that admitting that the tree is ours could get me “into trouble”

They can see the tree is in our garden so it’s obviously ours but we’ve never had to deal with anything like this before.

Do I need to be careful in the wording of my email?

They had a solicitor do it. You don't go up against a solicitor by yourself. You need to get your own legal advice.

What was there first, the tree or the extension?

And agree with the pp, keep schtum until you’ve consulted your own legal advice. Do you have any legal cover with your home insurance?

Personally as a first port of call I would contact your insurers.

Check your house insurance for legal cover and let them deal with it if you can.

Legal advice now.

Is the tree older than the extension, because I think that will make a difference.

don't agree to cut down the tree without legal advice.

good point - was the tree there before the extension was built? if yes. leave the tree.

is there a tpo on the tree? it's automatic in some councils once the tree reached a certain size.

Keep in mind all you have is the “findings” & “results” they paid for.
You need your own professional legal advice.

I would get legal advice on this before doing anything.

Interesting. I can't assist on the legal side but can provide some info on trees and foundations. The damage is like to be related to the tree. Where clay soils are present trees suck moisture out the ground and the clay shrinks causing movement of the building. Typically foundations in clay soils within influence of trees are set at a deeper level to help prevent this damage. Photos are from the building regulations part A which covers this. If the tree was there before the extension then the foundation depths should have been calculated taking this into account. Generally this is done using NHBC standards chapter 4.2 but there probably is other guidance available.

That said, are they actually blaming you or just requesting you cut down the tree to try and help them correct the damage. This is generally much cheaper than them underpinning their foundations. The ground can take years to rehydrate and swell back up again.

If your tree was there first but you are happy to have the tree removed I would be expecting them to pay for the works.

Contact your insurers and let the deal with it.
The only response you should make to their letter is to say that you will be contacting your insurance company for advice.
I had exactly this problem and my insurers dealt with it and advised me to leave it entirely in their hands.

Speak to your insurers and leave them to deal with it. Don’t answer anything

Thanks all, I’m glad I held back on replying

Just to add, the tree was there before the extension-the extension was apparently built 10 years ago.

I worry about claiming on our insurance though because of the policy going up?

I promise you that going through your insurer even should your policy increase, will definitely be cheaper than underpinning their house at your expense should it come to that.

If the tree is causing subsidence to their property, is it likely to cause problems with yours?

Oh god, now I’m really worried.

We actually knew this was coming as our next door neighbors were contacted first for the exact same issue. They were mistaken with who the tree belonged to though.

The other offending tree belonged to the council and this has already been removed.

we need trees.
if the issue can be solved by the neighbour buy repairing/underpinning they should do that.

I’ve checked our insurance policy and we have legal cover. Going to give the advice line a call and see what they advise.

In the meantime-should I acknowledge receipt of the letter and just state that I am seeking legal advice?

Thanks all for the help so far

So, spoke with legal advisers at insurance company today. They made me feel silly for even contacting them, and just said “of course it’s ok to let them know that you intend to remove the tree”

I mentioned accepting liability, and they said that liability is already there as the tree belongs to us and has already caused the damage.

So, I’ve replied to the solicitor and said that we intend to remove the tree.
I’m hoping that’s the end of it

I love trees, it's bloody annoying their extension is going to kill your tree. It was there first!

Shouldn't they be suing their architect for the price of underpinning instead of asking you to chop the tree down?

I'd get specialist tree advice too..What a going to happen when it's removed, there may be further damage and repairs

@UtterlyUnimaginativeUsername

Why would an architect be involved?

Can I really refuse to remove it?! What would happen then?

the architect for the extension should have specified the foundation requirements given the existing surroundings, i.e. your and the council tree.

I hope the council planted a new one in it's place.