Silver Birch Property Damage Advice Required Please?

[ApexOne]

Hoping someone here can advise on a problem we’re having with a council owned Silver Birch tree please, we’re at a loss as to what to do next. For information, we owned our property way before the tree was planted close to our boundary wall on the pavement. . 
 

The Silver Birch tree was planted in approx 1995 and became a problem damaging our front block paving around 2013. It grew to 40+ feet and wasn’t pruned regularly as promised. The council installed a barrier after our complaint and promised the damage wouldn’t happen again. We re-laid the front flat at our own time/expense. 
 

Fast forward to 2020 and in September we found the brick paving lifting again and clear evidence of roots beneath the bricks. Our front wall had also cracked and lifted and we believe the roots are also affecting our shared driveway. There was another tree the other side of the driveway (again council owned) that was rotten and taken down in the last 2-3 years. We complained to the council again who didn’t respond. We involved our local councillor in November 2020 and he agreed that the council tree was causing damage to our property. After the council still denying there was an issue, our councillor involved the borough chief executive who referred the matter to the insurance department as a claim. 
 

In July, the council accepted the tree was causing damage (to the pavement too) and quickly repaired the council footpath. We have health issues that the council are aware of and any fall we have due to the raised bricks on our property would have terrible consequences, but no urgency has been placed on repairing our property. 
 

It has taken months and weeks of chasing but the council last week removed the silver birch tree. They asked us for 2 quotes which we supplied in April and we actually had advice from a third builder (the original guy who laid our front and has since retired) and they all said that the whole front has to come up and the roots be dug out properly, otherwise we’ll have problems further down the line with sinking. 
 

The council is now playing hardball and say they will only pay for localised repair, lifting only the raised bricks and re-levelling. That’s despite obvious roots extending in other directions pushing the paving and dividing fence out, and one in particular heading towards the house. They say this is sufficient and want to use their own contractor, but have not shown us any examples of their work. Our brick wall has since become so loose that someone used the post top to prop a car up and steal the catalytic converter! The whole block paved front has now become very uneven and as you walk, you can feel it rise in more and more places. 
 

So, the advice we really need is how do we stand with this? How far do silver birch roots generally extend? If a tree that was 40+ feet and planted close to our boundary wall is removed (they plan to grind the stump down), will the front sink in future if only a few roots are removed (under the lifted bricks) and not dug out properly? Should all the roots be removed as we have been led to believe?  The front feels more and more uneven as time has gone on. 
 

The whole issue has been very stressful and after sourcing a reliable builder to lay our front in the first place (everyone has remarked what a good job he did), to have it damaged through no fault of our own and not returned to the state it would have been had the tree not caused any damage, is really upsetting.

 

If anyone can offer any advice or where we can go to get some it would be hugely appreciated. Many thanks for your time. 

[ledders666]

I'm not convinced by the sinking part. I belive it's a myth. As the roots don't disappear when they decay. They very slowly decompose into soil effectively and neither expand or contract in size.

Sounds like only replacing what needs to be fixed is fair. I guess if your not happy with that you would need a report from either a building contractor or arb consultant to confirm that the whole drive needs relaying to validate your point. And then a lot more back and forth to get some one to agree from the council or councils insurance.

[Mick Dempsey]

Sounds like a bit of an ordeal.
Photos would help.

Edited October 31, 2021 by Mick Dempsey

[kevinjohnsonmbe]

How credible are your existing builders quotes?

 

They are useful but perhaps not bullet-proof since the quotes are for works that would be undertaken by the person providing the quote - a possibility of over egging the cake. 
 

A report from a certified civil engineer / building surveyor would be more credible and not too tricky / expensive. 
 

Then go small claims route.