Tree roots damaging my property

[vern]

Two years ago my neighbour's tree roots  caused cracks in my house wall. I contacted my insurers who paid for the repairs but could not get the neighbours to remove the trees. Two trees are 5 meters tall and two metres from my property. Two years on to today I can see more cracks appearing but they will not remove the trees. My insurer says they cannot take the neighbour to court because the damage was unforseen

 

What can I do now?

Thank you

[Dan Maynard]

Sounds a bit confusing - is 5m an accurate height? That's only up to the gutters so doesn't sound a big tree, there are lots of trees that big at that distance to houses with no problems.

 

Did the insurers prove it was the trees or did they just pay, as it's cheaper than proving? And what repair did they carry out? 

 

Pics would help for context. Maybe not the legal query though.

Edited June 23, 2022 by Dan Maynard

[vern]

Thanks for your reply Dan. Actually the height of the leylandii trees is about 7 metres. Yes the loss adjuster sent arborists round who looked at the foundation clay and found evidence from the leylandii trees. They sent the report to the neighbour who ignored it. We had the brickwork re pointed. 

[neiln]

Insurers are being lazy. They must think it's fairly cheap to repair every few years and don't want the potential risk of losing in court.  Feel for you. They should have collected evidence from soil samples and Arborist reports, and written to your neighbour putting him in notice that the trees may cause future damage, for which they would be liable.  

[vern]

I believe they did do that and they had a lawyer write to him but he's ignored it. So we are waiting for the new cracks but I don't have much faith in my insurer that they will pursue this with any more conviction 

[eggsarascal]

12 minutes ago, vern said:

I believe they did do that and they had a lawyer write to him but he's ignored it. So we are waiting for the new cracks but I don't have much faith in my insurer that they will pursue this with any more conviction 

Do you have anymore pictures, only I don't see the footpath lifting.

[neiln]

Some insurers are lazy.  You can try a complaint to the ombudsman, they may decide regular crack repair is insufficient and the insurers should pursue a structural solution.  The cost is which may well make they insurers pursue your neighbour with vigour.  Or you pursue your neighbour yourself.

 

Having had the same, over a decade and 3 bouts of damage, I pursued my neighbour and he relented and removed his tree.  Horrible situation too be in so I feel for you.