"steve robinson" wrote in message
news:xn0fpseis1r8zyn010@news-text.blueyonder.co.uk...
> The Todal wrote:
>
>>
>> "Peter Crosland" wrote in message
>> news:FtqdnRUDwPfYL4DVnZ2dnUVZ8tSdnZ2d@plusnet...
>> > Aosmosis wrote:
>> > > I have an oak tree in my garden. My neighbour has untertaken a
>> > > site survery and I received a letter saying that the roots are
>> > > encroaching onto his property and some cracks have appeared.
>> > >
>> > > It may mean that our neighbours house would require underpinning,
>> > > however direct line our contents and building insurer will not
>> > > cover this.
>> > >
>> > > Our house was built before theirs was, and the oak tree is about
>> > > 100 years old and pre dates any of the houses on our close.
>> > >
>> > > Given the fact that their house was built in such proximity to an
>> > > oak tree ( 4 metres away) shouldn't they shoulder some
>> > > responsibility?
>> >
>> > Your buildings insurance should cover this situation as it is your
>> > responsibilty.
>>
>> That's a slightly misleading comment.
>> If you have a tree on your land that causes damage to your
>> neighbour's house, your buildings insurance will indemnify you
>> against any claim for damages, eg for underpinning or strucutural
>> repairs.
>>
>> But your buildings insurance won't pay for the cost of pruning your
>> tree or obtaining expert advice about whether your tree should be
>> pruned or cut down. You have to pay for that yourself.
>>
>> There are several reputable experts who can advise on these matters
>> but they are rather expensive. As a first step, ask your neighbour
>> (or his insurers or loss adjusters) for a copy of whatever expert's
>> report they have obtained which would be from a geotechnical engineer
>> or arboriculturalist. See if the report does make good sense. And
>> if necessary ask that expert if it is really necessary to cut down
>> the tree (one hopes not) or if it will be enough to reduce the crown
>> of the tree every 4 to 5 years.
>>
>>
>> The neighbour should claim on his insurance and they may seek
>> > o recover the costs from your insurance company. It is most unusual
>> > for buildings insurance not to cover this sort of damage.
>> >
>> > This site tells you more
>> >
>> > http://www.gardenlaw.co.uk/roots1.html
>>
>> The site is an amateurish and rather disappointing effort. No dates
>> or case names are cited and the link to the judgments page of the HL
>> is broken. Suffice it to say that if you own a tree and the roots of
>> that tree cause desiccation of the subsoil and consequent damage to
>> your neighbour's house, you will be potentially liable in nuisance.
>> The fact that your tree pre-dated the neighbour's house is
>> irrelevant. Your only defence is that you were unaware of the
>> possibility of damage until you were notified of it. That defence
>> cannot protect a local authority or corporation where surveyors and
>> other experts are employed but might possibly protect you as an
>> ordinary householder. However, it follows of course that once you
>> have been told that your tree is causing damage it won't be a good
>> idea to ignore the complaint because any damage that occurs in the
>> future will be at a time when you knew it could happen.
>>
>> Further reading:
>> http://www.publications.parliament.uk/pa/ld200102/ldjudgmt/jd011025/de
>> la-1.htm
>
> you need to inform anyone that you call in too look at the tree that it
> has a tpo attached to it
The Tree Preservation Order is not really a problem at all. Firstly, the
council will normally give permission for you to prune or remove the tree if
you explain that it is causing damage. Second, if the tree is causing damage
it is automatically lawful for you to prune or remove it without permission.
The main reason for seeking permission is in case the council deny that it
was in fact causing damage and you'd then have to prove it to their
satisfaction.
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