Poplar roots damaging property.

[Graham]

I had a call to look at some damage caused by Lombardy roots. The tree is adjacent to a garden boundary and is affecting a concrete fence, summerhouse and hard paved area.

 

The fence is cracked and pushed over to the summerhouse so much so that access is impossible behind it and the paved area is lifting. This area is of great sentimental significance to the owner (her late husband and son built it and inscibed their names into part of it).

 

A buttress and root from the tree is the cause of this which is obviously going to get worse. The tree is mature, healthy and vigourous.

 

Evidently the owner of the tree is unwilling to talk and the only communication is via solicitors.

 

I've been asked for a report to confirm that the tree is causing damage and any action that can be taken. Obviously removal of the trespassing root will stop any further damage but will reduce the stability of the tree to an unknown degree.

 

Has anyone had similar experience or know of any precedents set in the courts?

 

If we were asked to carry out the work, assuming courts/soliciters resolved it, would we be liable for future problems even if the work was carried out with a caveat re. stability, infection etc?

 

Any advice greatly appreciated.

[Lorry thompson]

Sounds an awkward one mate has she been in touch with her house insurance? They sometimes pay for it but not sire if this is only when the house structure is being damaged.

[Graham]

Sounds an awkward one mate has she been in touch with her house insurance? They sometimes pay for it but not sire if this is only when the house structure is being damaged.

 

Her insurance co are willing to pay for the damage caused and for any work on the tree to stop any further damage but it's the neighbour and any liability caused by removing the root I'm concerned about. Not sure where I stand.

[Bundle 2]

"....If we were asked to carry out the work, assuming courts/soliciters resolved it, would we be liable for future problems even if the work was carried out with a caveat re. stability, infection etc?...."

 

You appear to be asking if it's okay to remove a large(ish) root which will affect stability? I would say "at your own risk"

You then ask whether you can prescribe this solution, and it's being adopted in a legal dispute; can this fact of reduced/unknown stability be somehow not linked directly to yourself as the arb who suggested it?

You must be joking imo!

[Graham]

"....If we were asked to carry out the work, assuming courts/soliciters resolved it, would we be liable for future problems even if the work was carried out with a caveat re. stability, infection etc?...."

 

You appear to be asking if it's okay to remove a large(ish) root which will affect stability? I would say "at your own risk"

You then ask whether you can prescribe this solution, and it's being adopted in a legal dispute; can this fact of reduced/unknown stability be somehow not linked directly to yourself as the arb who suggested it?

You must be joking imo!

 

Don't think I worded it too well. I have no intention of removing the root but apart from felling or severe pruning there doesn't seem a way around this. Sorry but the question was more hypothetical than it sounded. Just trying to get a picture of a possible scenario. If that makes sense:confused1:

[Tully]

Removing a major root from a lombardy would (imo) remove a percentage of its stability (wether it is 0.5% 0r 10%+) and will be increasing the exposure chance to any decay and fungi.

 

Does sound like an akward situation and be careful in what you suggest as this nieghbour does not sound like a reasonable person. ( I only say this because of using a solicitor where most people would have a friendly disscussion to resolve the problem).

 

So what do you do?

 

1. Can you move the shed, change the fence so that it is not in conflict with the roots and carefully move the patio (trying to retain its sentimental value)

 

2. Suggest removing the lombardy and replanting a more suitable tree or like for like but further from the fence.

 

3. Carefully conduct root pruning and suggesting a crown reduction (at your own risk as bundle2 said)

 

4.If you cant make up your mind and dont want to put your insurance at risk walk away from the job (nobody likes to walk away but it might end up being the sensible option if you find yourself between a rock and a hard space).

[Graham]

Removing a major root from a lombardy would (imo) remove a percentage of its stability (wether it is 0.5% 0r 10%+) and will be increasing the exposure chance to any decay and fungi.

 

Does sound like an akward situation and be careful in what you suggest as this nieghbour does not sound like a reasonable person. ( I only say this because of using a solicitor where most people would have a friendly disscussion to resolve the problem).

 

So what do you do?

 

1. Can you move the shed, change the fence so that it is not in conflict with the roots and carefully move the patio (trying to retain its sentimental value)

 

2. Suggest removing the lombardy and replanting a more suitable tree or like for like but further from the fence.

 

3. Carefully conduct root pruning and suggesting a crown reduction (at your own risk as bundle2 said)

 

4.If you cant make up your mind and dont want to put your insurance at risk walk away from the job (nobody likes to walk away but it might end up being the sensible option if you find yourself between a rock and a hard space).

 

Thanks for reply. 1. I think the sentiment overules this and it's clear she doesn't want to do this.

 

2. I asked this but the neighbour won't entertain it so I'm told.

 

3. If I did this everytime the wind blew I'd be expecting a phone call from a solicitor!

 

4. Very sensible option. I think firstly I may try and talk to the neighbour to see if anything can be resolved.

[Alinicoll]

I am not an expert and am happy to be corrected but.....

 

In my understanding the Poplar is causing an actionable nuisance and the owner should be liable for any damage caused AFTER they were formally made aware of it. I would have thought that your clients insurance company would be well aware of this and should be able to take action.

 

Arboricultural Information Excha

 

has some cases

[Robert_S]

What kind of concrete fence? can you not remove the part of the concrete and place in a small lintel above the root this would support the section above and take the presure off the wall then leave enough room for future growth, repair the cracks with a couple off steel plates at either side bolted through you could then possible build a couple of pillars ( or concrete in steel posts ) to stop the wall falling over. Lift and relay the patio at a higher level.

 

Or walk away

[Bundle 2]

It may be an "actionable nuisance" i suppose....it may also come under an infringement of rights/priveleges in that the "complainant" shall I say, is being prevented from enjoying her property perhaps?