Impact of tree roots on my neighbour’s property?

[FatherJack]

Back to the original poster.................as you can see, it is an area that is not simple and clear-cut. Individual circumstances will dictate, but one cannot accurately predict what a court may or may not decide in these cases. Is that a risk you are willing to take?

 

Just remember...........legal advice is only worth what you pay for it.............

 

That is not to say that the knowledgeable ones who have contributed to this thread don't know what they are talking about. Their knowledge of the topic demonstrates that it is a complex legal area. Unless you have mega-bucks, pass any issues on to your insurance company and let them decide.

[Chris at eden]

Back to the original poster.................as you can see, it is an area that is not simple and clear-cut. Individual circumstances will dictate, but one cannot accurately predict what a court may or may not decide in these cases. Is that a risk you are willing to take?

 

Just remember...........legal advice is only worth what you pay for it.............

 

That is not to say that the knowledgeable ones who have contributed to this thread don't know what they are talking about. Their knowledge of the topic demonstrates that it is a complex legal area. Unless you have mega-bucks, pass any issues on to your insurance company and let them decide.

 

Erm, you kind of can to an extent. That's the whole point of a higher court precedent. If your neighbours house gets subs damage and he carries out an investigation that shows, your tree roots near the damage, the soil is shrinkable, and movement is seasonal, and there are no other trees you are going to lose that one. Its enough on the balance of probabilities in my opinion. To be clear, this isn't legal advice, its tree advice. I'm not a solicitor. This chap doesn't Need legal advice at this point, he needs tree advice.

 

If this chap calls his insurance company and tells them he is concerned they will just tell him to get a tree report and probably increase his premium. My advice at the start was get a mortgage tree report if you are concerned. It will cost somewhere between 200 and 400 quid depending on the consultant. Not exactly megabucks.

[SL40C]

Thanks for the latest input.

Actually Risk is my main concern, as this is currently just a potential problem. My house insurance does not provide 3rd party liability cover related to trees in my garden - I wish to insure for that risk. Do you know whether there are specialist brokers that offer this type of insurance?

By the way, there are other large trees in the vicinity of my neighbour's property on adjacent land.

[daltontrees]

Thanks for the latest input.

Actually Risk is my main concern, as this is currently just a potential problem. My house insurance does not provide 3rd party liability cover related to trees in my garden - I wish to insure for that risk. Do you know whether there are specialist brokers that offer this type of insurance?

By the way, there are other large trees in the vicinity of my neighbour's property on adjacent land.

 

This is a whole different business. Most of the debate so far has been about slow damage by roots. Sudden damage by falling trees or branches is a different subject.

 

Here's a way of looking at it. You have to protect your neighbour against foreseeable risk to him and his property. If an overhanging branch falls off into his garden and breaks something it was either (i) reasonably foreseeable and you're liable or (ii) not reasonably foreseeable and you're not liable. In this simple way insurance doesn't come into it. Maybe the way to insure against the risk is to get a tree surveyor (a competent, qualified, experienced and insured one) to give you a paid-for, written report saying whether there are foreseeable risks. If there are, act on them. If there aren't, sleep easy because you are protected.

[Chris at eden]

This is a whole different business. Most of the debate so far has been about slow damage by roots. Sudden damage by falling trees or branches is a different subject.

 

Here's a way of looking at it. You have to protect your neighbour against foreseeable risk to him and his property. If an overhanging branch falls off into his garden and breaks something it was either (i) reasonably foreseeable and you're liable or (ii) not reasonably foreseeable and you're not liable. In this simple way insurance doesn't come into it. Maybe the way to insure against the risk is to get a tree surveyor (a competent, qualified, experienced and insured one) to give you a paid-for, written report saying whether there are foreseeable risks. If there are, act on them. If there aren't, sleep easy because you are protected.

 

When I do mortgage reports I also assess the condition of the subject trees so if you do look at getting a tree report make sure it covers both of your concerns. Check insurance and qualifications. Insurance should be professional indemnity for advice, not public liability although some may have both. Qualifications should ideally be minimum level 3 arb qualification and a lantra PTI certificate. Mortgage reports should also be in accordance with AMIUG. As Jules said, that is the best way to indemnify yourself.

[SL40C]

I would like to thank you all for the insightful & extensive commentary you have generated on this topic. It’s been a real learning experience for me. The latest suggestion to pay a suitably qualified tree surveyor for a report sounds like the way forward. I am located in west London, so is there a protocol on Arbtalk for identifying such a professional person from among the membership who would cover this area?

[daltontrees]

Your're in shrinkable clay and persistent soil moisture deficiency country, so choose someone decent.

[Chris at eden]

I would like to thank you all for the insightful & extensive commentary you have generated on this topic. It’s been a real learning experience for me. The latest suggestion to pay a suitably qualified tree surveyor for a report sounds like the way forward. I am located in west London, so is there a protocol on Arbtalk for identifying such a professional person from among the membership who would cover this area?

 

What is the post code of the property you wish to survey.