Neighbours Tree Roots Causing Extensive Cracking

Neighbours Tree Roots Causing Extensive Cracking

Postby rudey_1 » Mon May 28, 2012 2:04 pm

Hi there

We have had an ongoing problem for some time now with trees in our neighbours garden causing significant cracking to the walls and floors of our property - we have duly involved our insurers who have undertaken various trial pits and sampling over several months, reaching the conclusion that 3 of the trees in their garden (plus some on the adjoing Network Rail land - which have since been removed) were contributing to the the problem.

Our insurers wrote to our neighbour (we have tried to resolve this with him directly for some time without success) requesting he remove the 3 trees in question - he has subsequently removed 1 but is refusing to remove the other 2 leylandi trees (in his view - completely unqualified as he is - these are not part of the problem, and he says he also values his privacy as they form a partial screen to his garden!!).

Our insurer says that whilst the Expert's report clearly concludes that the 2 leyalndi are contributing to the problem, as no leylandi roots were found in the trial pit he says there is not much more we can do..... this seems a nonsense to me that just because no roots happened to be found in the trial that that the two leylandi are not contributing to the problem, and we are expected to continue to suffer the problem because of our neighbours' opinion overiding that of a qualified professional!

Any help/suggestions appreciated, thanks

R
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Re: Neighbours Tree Roots Causing Extensive Cracking

Postby Treeman » Mon May 28, 2012 6:32 pm

Unless your insurer can implicate the leylandii they can stay, time to do a few more trial holes.

A far as the report goes they are all much of a muchness, big on speculation and low on fact.

Your neighbour isn't over ruling the expert, what you have is the opinion of your insurers about the report which has failed to implicate the leylandii, if anyone is getting over ruled its the insurance vulture who probably knows as much or less than your neighbour
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Re: Neighbours Tree Roots Causing Extensive Cracking

Postby rudey_1 » Tue May 29, 2012 8:56 am

I take it then, that we have to prove the Leylandi are the culprits then (as opposed to being able to rely on "Expert" opinion...!?)

I've suggested to our insurers we do more trials and am waiting to hear back.... though as the trials would be in our neighbours garden, what if - as I suspect - he refuses...?

Thanks

R
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Re: Neighbours Tree Roots Causing Extensive Cracking

Postby Treeman » Tue May 29, 2012 6:14 pm

rudey_1 wrote:I take it then, that we have to prove the Leylandi are the culprits then (as opposed to being able to rely on "Expert" opinion...!?)

I've suggested to our insurers we do more trials and am waiting to hear back.... though as the trials would be in our neighbours garden, what if - as I suspect - he refuses...?

Thanks

R



Yes it's a trivial thing but the law likes proof, if they say no then no it is.
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Re: Neighbours Tree Roots Causing Extensive Cracking

Postby rudey_1 » Tue May 29, 2012 6:46 pm

I accept the whole onus of proof thing (though am sure that the Law can also rely on Expert opinion where matters are more subjective), but if the neighbour says no to further trials, and so potentially prevents us from obtaining said proof then surely that's not it...?

There must be something we can do...?
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Re: Neighbours Tree Roots Causing Extensive Cracking

Postby Treeman » Tue May 29, 2012 7:21 pm

rudey_1 wrote:I accept the whole onus of proof thing (though am sure that the Law can also rely on Expert opinion where matters are more subjective), but if the neighbour says no to further trials, and so potentially prevents us from obtaining said proof then surely that's not it...?

There must be something we can do...?



The courts can use a single joint expert who"s job is to make technical matters clear to the court, however in this case the insurers are relying on a precedent rather than going to the expense of court.

You say they are preventing you from obtaining proof but the counter to that is that there is no guarantee that the investigations would uncover any proof ( despite what your insurers say) so they aren't preventing you proving anything.

The simple fact is that blaming it on the vegetation is the cheap option, it's what they try first so don't go thinking that the trees remaining is the end of the world. It just means the insurers will need to spend a little more.
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