Boundary trees to be cut by neighbour

[eanswythe]

I have made my insurers aware of the situation.  Sent paperwork and pointed out risk of heave etc.  but not interested until flooding or heave impacts on this building.

[Mark J]

Heave is only a potential issue if the tree(s) predate the build and that there was a soil moisture deficit at the time of building; even then it's rarer than hens teeth. After the hurricane in 1987 loads of big trees on highly shrinkable clay soil were taken out yet there wasn't a significant uptick in claims for soil heave damage.

Edited December 12, 2024 by Mark J

[eanswythe]

Thank you Mark.  Good to know.

[eanswythe]

Hi...I wrote a letter and got a reply.  

First my letter:

Dear Sir/Madam,

 

I have been given new independent advice on the matter of the trees at X (my home). I have been advised that the removal of the Japanese Cherry and the adjacent tree is likely to be unnecessary and the atlas cedar is likely to be causing movement of the property at Y(neighbour).

 

The monitoring that was carried out was for a limited period and the movement recorded questionable: up and down, without a consistant trend which with only three samples could just be human error from placing the machine. I would like to see positive root ID, proof of dessication and seasonal movement before felling these. This is particularly given the large rainfall this year and changing waether patterns.

 

The request to remove the leylandii on X is whilst I agree in principle, will result in the loss of enjoyment of a beautiful amenity, privacy to the garden and a pleasant environment along with the loss of bird life from the garden. The noise and pollution from from the main road with two bus routes will no longer be shielded. There is also the loss of privacy to all bedrooms and reception rooms which will involve the fitting and expense of purchase of net curtains or blinds.

 

There is also the consideration for the shrubs that are growing around the trees including the small hibiscus, minature acer, the collection of award winning Chrismas roses (Hellebores) and the ferns. I would like great care taken of the plant scheme and compensation and replacement for any plant damage. Likwise the dry stone wall holding the flowerbeds in place.

 

It should be pointed out that Y (neighbour) is much higher up the hill (over 1 metre) and the fence will be breached easily when the trees are removed. Cutting the trees leaves the rear of X easily accessible and at significant risk. There is permanent unlocked access to the garden area of Y (neighbour) abutting X. There have been a number of robberies and an attempted break in at X (my home). I would like to be compensated with fencing providing sufficient security and privacy to the rear of the property.

 

There is also the matter of run off water after this work is done and there are concerns of how this will be dealt with so that the garden and property at X do not suffer water damage. There is already run off damage from the shed built abutting the party wall and fence.

 

Please can you deal with this as quickly as possible so that this can be resolved.

 

 

The reply:

Thank you for your email,

We're sorry to hear that you've had to seek further advice.

We do believe that T2 is the main influence here, and though we only have roots for it, we cannot rule out the other vegetation.

The monitoring isn't showing much movement, but it does demonstrate cyclic movement, meaning the ground recovers through spring and summer, then drops when we reach Autumn (August to October is a good reference on the monitoring report).

Please note, if you do refuse to remove your vegetation, the insurer will need to place you on future notice, meaning if your vegetation damages the property after we complete repairs, you / your insurer will be liable for a recovery...

Please let us know your decision

.....................................................

I have asked them to please reply to the other questions in my email.

 

 

 

 

 

[Decro]

Surely you need to make your own insurer aware of the letter received as they may become liable for any future damage if your trees are not removed now.

[Mick Dempsey]

Seems to me it’s basically a ‘see you in court’ if you don’t comply and there’s further damage.

 

They won’t answer your questions, there’s no point.

 

It is crunch time.

 

 

[kram]

Their reply indicates they will not be paying a penny of compensation to you for the lack of privacy, fencing, security, damage to your plants, garden or water run off.

 

I do not think any court would side with them on the information presented here, if you argue the points that have been raised, atleast not if the cedars stay.

 

Gather up all this info and get professional advice on it. Root/ground survey if your wanting to keep the trees.

 

You can get rolls of privacy mesh, stick some new tall posts in and run it along the top of fence. This is supposed to be good tho I havent seen it, Im sure it will act as a sail, so at 3 meters you might need a 3 foot post spacing..

https://www.amazon.co.uk/VOUNOT-Screening-UV-resistant-Tear-Resistant-Windbreak/dp/B0B6DVM933/

[Mark J]

You might as well instruct your insurance people, they'll more than likely be aware of the situation by now, and might find a way to avoid representing you if you haven't let them know what's going on. 

Edited December 23, 2024 by Mark J

[kram]

Raises a question for me, if this has been ongoing since a claim in 2007 it must be costing the owner a fortune each year to insure with a declared issue of subsidence. I'm suprised he can get cover.

 

Do you know if its the same insurer? It may be a different one and they havent been told of past issues.

[JLA1990]

Could a sensible, calm convo with the neighbour be worth having? although maybe not your preferred outcome, if I was your neighbour and you said you can remove the trees but you need to replace with suitable fencing I would think that’s a fair request! Least of all because you will be pursuing it further likely to cause continued time/money etc