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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Advise please -neighbours insurers approaching us re. damage

21 replies

RudsyFarmer · 09/12/2022 09:22

Hiya,

Advice please.

Neighbours insurers have written to us to tell us they want us to remove a tree that they believe is causing subsidence to the neighbour’s garage. We have no problem with removing the tree however my question is would you advise getting our house insurers involved immediately?

My thoughts are that we remove the tree and then the next step is they send a letter wanting our insurers details in regard to the damage to the garage and then I would assume the removal of the tree might be seen as accepting liability?

Should we hand it over to our insurers immediately and let them liaise with our neighbours insurance company?

OP posts:

Pieministers · 09/12/2022 09:57

I’d want to know how they came to the conclusion that it’s your tree which damaged their garage.

Was the tree there before the garage?

Original poster

RudsyFarmer · 09/12/2022 10:01

Their insurers have employed a company who covers this area to do a full report and we’ve had a large pack of information sent to us telling us we must remove the tree to allow the ground to settle and remedial work to happen on the structure. If we don’t they will take legal action.

My concern is we remove the tree and they take legal action anyway. So I’m thinking getting insurance company involved at this stage would probably be prudent.

OP posts:

Original poster

RudsyFarmer · 09/12/2022 10:02

They have said the tree was there as long as the structure. We don’t know as we bought our house with the tree in situ already.

OP posts:

Lou670 · 09/12/2022 10:02

I would get advice on how damaging removing the tree could be. If it is a big tree then it will have a large root system. Problems can be caused when the roots die back and leave holes underground where the roots were. Sometimes it is better to leave the tree, if the tree is removed then you would need to check the roots when they are rotting away. I would seek advice before making the decision to remove the tree.

MillyMollyManky · 09/12/2022 10:05

Yes, tell your insurers now and let them deal.

Original poster

RudsyFarmer · 09/12/2022 10:06

It is a large tree and we have no great desire to keep it or lose it. It’s more wanting to protect ourselves from the potential legal claim that might follow the removal of the tree.

OP posts:

silverclock222 · 09/12/2022 10:06

I would contact your insurers!

chercez · 09/12/2022 10:09

Definitely contact your insurance company.

lifeinthehills · 09/12/2022 10:17

My insurance contracts say that I must notify them as soon as I am aware of any situation that might incur liability. So I would call them and seek their advice, just to be sure you've covered your bases there.

Original poster

RudsyFarmer · 09/12/2022 10:55

Fantastic! Thanks for your help 💐

OP posts:

FirstnameSuesecondnamePerb · 09/12/2022 10:57

I would absolutely go to your insurers for advice now.

Original poster

RudsyFarmer · 09/12/2022 17:46

So we’ve decided to just pass the whole thing over to our insurers to sort out. Fortunately we seem to have an excellent policy in terms of legal protection so that’s eased my mind somewhat.

I do have a further question though. We were hoping to put the house on the market next year. Obviously we will be adhering to whatever needs to happen re. the tree and any other vegetation to satisfy the neighbour. Once that’s concluded are there any other reasons why it might cause a problem with selling our house? I assume any further claims on us in regard to damage to the neighbours garage and any subsequent repair costs wouldn’t affect the new home owners? It would surely be a claim against us personally and would just follow us to our new address?

thank you 💐

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lifeinthehills · 09/12/2022 22:54

This isn't advice because I don't know legally, but I don't think it could follow you. Otherwise surely the person who planted the tree in the first place, before you got there, would be liable?

TizerorFizz · 10/12/2022 20:53

@RudsyFarmer
My DH is a structural engineer. If you remove a nature tree, the water the tree would have drunk remains in the soil. I would try and get your insurers to appoint a structural engineer.

From my understanding, if there is a tree that pre dates the building, the foundations must be designed to cope with the tree. If they were not, that’s a problem for the garage owner. You could just cut it down but that’s just part of the problem. I assume their insurance is paying for the garage repair. I would think your insurers will not be happy to. They will argue it’s shoddy building and insufficient foundations.

Legal action? They would be mad to do this. It’s putting the frighteners on. You could say if they want it down, pay for it. You need a DH working for you! Don’t agree to anything.

TizerorFizz · 10/12/2022 20:56

My original point about water is that water retention produces heave. That can damage properties too. Often trees are pollarded for this reason. It’s therefore important to get someone involved who is actually qualified.

Original poster

RudsyFarmer · 10/12/2022 21:57

I’m happy to take the bloody thing down but yes I do wonder if their insurance company would pay for this. I think I’m going to have to let this play out and update the thread.

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TizerorFizz · 10/12/2022 23:31

I would say you agree at their expense. You didn’t plant it. The garage should have been designed to account for it. Over to them.

kirinm · 14/12/2022 13:06

I think (and my legal knowledge in this area is a bit sketchy because I find it really dull) that for you / your insurer to be liable for the costs of remedial works, you'd need to have knowledge that your tree has caused any damage or was likely to". You have been put on notice now that the tree is causing damage and therefore from now on you wouldn't be able to say you didn't know. So in theory, you could be responsible for damage which occurs after the time you've been asked to remove the tree but not for damage which occurred previously.

If you ended up in a dispute with your neighbour, you'd have to disclose that when selling but you don't really have any control over that.

It obviously isn't quite as straightforward as that because they need to prove that your tree is causing damage or that there isn't an alternative to removing the tree for example. I personally would notify your insurer but be prepared that they might not get involved until / unless your neighbour's insurer tries to recover the costs of remedial works from you.

gogohmm · 14/12/2022 13:14

The only thing of note I can add is your will need to declare and recent legal action even amicably dealt with and I suspect you may require indemnity insurance if some kind against future claims for selling purposes (the buyers insurance would not cover the liability of its pre existing) this happens frequently and is dealt with by your solicitor appointed to conveyance your house

Original poster

RudsyFarmer · 17/12/2022 14:51

Thank you gogohmm. I shall certainly mention that to DP if we decide to try and sell in the future.

I have no update yet but everything has gone over to our insurers so we’ll see.

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BorgQueen · 17/12/2022 14:55

We had this, even though they built the garage right up against the trunk of our tree, our insurance ended up paying to replace their garage roof but we had to pay to get the 50 year old tree cut down.

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