house damaged by subsidence caused by neighbours trees

[neiln]

I unfortunately have an ongoing issue with subsidence caused by shrinkage of desiccated clay soil as a result of mature Oak trees in 2 neighbouring properties. My house insurance is being of limited value and I'm seeking some advice on the legal position and possible ways to resolve this.  I'd prefer not to put details on the forum though, if anyone would be willing to offer some advice  by private messaging that would be a great help.  Thank you

[neiln]

drains were cctv'ed.  minor misalignments of clay pipe not thought to be a problem but sleeved anyway...damage continues years on.  ITS THE F*****G TREES GUYS, really, it is!

[Squaredy]

22 minutes ago, neiln said:

drains were cctv'ed.  minor misalignments of clay pipe not thought to be a problem but sleeved anyway...damage continues years on.  ITS THE F*****G TREES GUYS, really, it is!

Photos would be a real help.

 

I also suffered subsidence recently but luckily due it being my own tree, the 'solution' was easy - it was removed by the insurance company.  But to be fair although my tree was the obvious cause there was another much more serious cause.  My house is built on shrinkable clay with foundations around 400mm deep.  New builds in my street have 1000mm foundations specified by building control now.  So the real fault lies with the prevalent building regulations 90 years ago.  My house is always going to be at risk.

[eggsarascal]

Misalignment of vitreous clay pipes is an everyday thing, they aren't sleeved, they are lined. Who paid for that job to be done, and why?

[neiln]

Ah root barrier, yes been pushing insurers to do that for several years.

Insurers claiming limit of liability.

Neighbours have been on notice of future damage for 3+ years.

[neiln]

Oh and insurers paid for the lining of the clay drains to rule out any possibility of them worsening the problem by any slight leak attracting tree roots.

 

Part of the problem with root barrier is, I've structure at my boundary (house wall, conservatory wall, garage wall), so costs obtained by insurers were to demolish part of this, trench something like 5m deep iirc, copper mesh beside it as it's filled with concrete, and rebuild.  Not cheap. I'm not sure it would be 100% effective either as the house is a semi, my neighbours appear to be dropping and pulling me over, and currently they aren't doing anything to prevent this.

 

Which is probably why the insurers come back to ' if the neighbours won't take the trees down there's little we can do'.

 

So, is there any reasonable chance of compelling the neighbours to remove the trees? And if so, what route should I follow?

[Wedgebanger]

So just for the record, how about a drawing (as you prolly don’t want to add pics) of said mature oak trees size (dbh)as well as canopy cover area. and also your house distance as well as your  neighbours houses..

 

silly question but why are your  neighbours not getting a problem.

[htb]

38 minutes ago, Wedgebanger said:

So just for the record, how about a drawing (as you prolly don’t want to add pics) of said mature oak trees size (dbh)as well as canopy cover area. and also your house distance as well as your  neighbours houses..

 

silly question but why are your  neighbours not getting a problem.

I think he said IIRC that neighbours house was sinking away from his

[Wedgebanger]

Ahh ok, I thought it was just his home...in which case why is his  neighbour not on his side or is the tree not near the tree owners home..

 

a pic  answer is 1000 questions 

[neiln]

Who said they aren't getting a problem?

[Wedgebanger]

simple answer to a probem is, and to get some good answers (or bad),,,is to give as much info as poss in the beginning . 

But to withhold info and then spurt out later when someone asks/gives an answer, just wastes there brain power and the time typing the answer. Is Just belittling them so to speak..

But if you have given the info before, and they have not read the thread properly in the first place, then you gain the right..

 

good of luck in your quest to resolve your problem..