Neighbour insurance company requesting tree felled

[FBNK]

I realise there is a similar thread in this forum, but I wanted to hear what people thought in a situation where our neighbour's insurance company has 'strongly recommended' that a large tree in our garden is felled due to subsidence to their extension. In this case, roots have been found  below foundation level that come from the same family of tree in our garden. The insurance company is asking that several trees in our area are felled. Our tree had a 50% crown reduction this summer, and we thought this might be enough to satisfy the insurer with a promise of regular pruning (this had unfortunately been neglected for several years before we moved in last year).

 

Do you know how long it would take before the crown reduction would have enough effect that it stops causing damage?

 

Is there any way of satisfying the neighbours insurers without removing the tree?

 

Thanks in advance for your help!

 

[JAG63]

I am assuming that your false acacia predates the extension in which case it should have been taken into account in the construction of that extension as from the detail you provide it is within the zone of influence of the tree. You may find the NHBC guidance useful

4.2 Building near trees - NHBC Standards 2022 NHBC Standards 2022

NHBC-STANDARDS.CO.UK

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4.2 Building near trees

Further discussion of potential heave with your insurers and what that may mean for your continued cover and premiums would be prudent. I am not an engineer but a quick run through the detail you provided, which doesn't include the effect of other trees, suggests that the foundations to the extension should have a minimum depth of 1.89m and that mitigating potential heave is even more complex were this and additional trees/shrubs to be removed. Sometimes the more expensive option works out more cost effective in the long run, there is also the goodwill factor of course.

[doobin]

On 04/11/2022 at 09:43, neiln said:

You are responsible.  Your tree's roots are trespassing when they leave your property and consequently you are liable for any damage they cause.  The insurance companies really really don't like to do it, but can take you to court for the costs of all repairs.  They are offering to pay to remove the tree as it's the best solution for their insured property, quickest and cheap for everyone.  They don't have to offer to pay though, it's your tree and your responsibility.

 

I strongly urge you to think of the neighbours, who have a house being damaged, significantly affecting it's value.  It will be incredibly stressful for them.  If you pursue keeping the tree, you'll need very very very deep pockets.

Is it really that simple? The tree roots could all be on his side, but the water they absorb causing subsidence- due to shoddy building work- after the tree was there first!

[neiln]

1 hour ago, doobin said:

Is it really that simple? The tree roots could all be on his side, but the water they absorb causing subsidence- due to shoddy building work- after the tree was there first!

OP said test pits and bore holes had been done to take soil samples and roots found.  While I too would have thought desiccation could extend beyond the roots, when I was in a similar situation and discussing with engineer and arborist, I was told desiccation beyond the roots was minimal.  Legally though, if op kept the tree roots to their own property any remaining desiccation and damage would not be their responsibility.

 

We are talking about a pseudo acacia here.  Not the prettiest of trees, not a native tree and not a long lived tree.  It's not a tree I'd go into bat for.

[neiln]

OP also said the building was on 1.3m deep foundations.  That's deep for what I assume it's a single or two storey  building, very deep.  I wouldn't leap to shoddy building.  Pseudo acacia are a known problem tree, like oak, for causing desiccation, it's not a huge tree but it is close to the building and roots found.  The evidence would seem very strong to me.

[doobin]

1 hour ago, neiln said:

OP said test pits and bore holes had been done to take soil samples and roots found.  While I too would have thought desiccation could extend beyond the roots, when I was in a similar situation and discussing with engineer and arborist, I was told desiccation beyond the roots was minimal.  Legally though, if op kept the tree roots to their own property any remaining desiccation and damage would not be their responsibility.

 

We are talking about a pseudo acacia here.  Not the prettiest of trees, not a native tree and not a long lived tree.  It's not a tree I'd go into bat for.

So there we are, it's not that simple. Put in a root barrier and tell them to whistle Dixie.

[doobin]

1 hour ago, neiln said:

OP also said the building was on 1.3m deep foundations.  That's deep for what I assume it's a single or two storey  building, very deep.  I wouldn't leap to shoddy building.  Pseudo acacia are a known problem tree, like oak, for causing desiccation, it's not a huge tree but it is close to the building and roots found.  The evidence would seem very strong to me.

1.3m is nothing for a footing on clay. I've literally just got back from a footings job in the Havant area, no idea if that's even shrinkable clay. 1.8m deep for a single storey extension. The householder was telling me what a nightmare his single storey lean-to garage was- he dug the external wall to 1.8m deep with a hired in mini. Then the BO turned up, looked at the tree in the back garden and told him he wanted it down to 3.2m! Then told him he wouldn't find anyone to do it, and walked off!

 

Luckily a couple of dads from his sons football team were old school gravediggers, and they got it done.

[Stubby]

On 31/10/2022 at 08:59, GarethM said:

 if it's been crowned several times it's probably 50-60 years.

 

 

I presume you mean a crown reduction rather than made king or queen ? 🙂

Edited November 5, 2022 by Stubby

[GarethM]

Well the insurance company does want off with its head, so you never know 😉

[neiln]

4 hours ago, doobin said:

So there we are, it's not that simple. Put in a root barrier and tell them to whistle Dixie.

OP would need deep pockets for the root barrier, a continuous physical barrier down to the depth, or probably below, the depth roots were found at.

[doobin]

12 hours ago, neiln said:

OP would need deep pockets for the root barrier, a continuous physical barrier down to the depth, or probably below, the depth roots were found at.

Would plastic piling be acceptable? Could just knock it in along his boundary with fairly small kit.