roots and zone of influence?

roots and zone of influence?

Postby elodie » Fri May 06, 2011 10:45 am

Hi,
I wanted to get some advice on our legal position relating to tree roots and subsidence. We have been communicating with our neighbours insurance company for a few months regarding their view that some of our trees - a silver birch, apple and buddleia are causing subsidence to their customer's property. We had previously agreed to prune aforesaid trees very heavily and had done so, but now they have come back and demanded that we fell all these trees. Based on an arborist's report they have shown that the silver birch roots are by the property so I think we have no choice but to fell it (is this right?), but they have not found roots from the other two. When I queried it they said that because they were in the zone of influence and the arborist believes they are influencing the movement they have the right to ask for them to be felled as well. Please help, the apple in particular is a lovely, pretty and very healthy little tree and we are desparate to avoid having to fell it.
elodie
 
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Re: roots and zone of influence?

Postby Treeman » Fri May 06, 2011 11:03 am

Unless they have empirical evidence implicating the trees you don’t have to act.

Have you had sight of the report? Does it contain evidence (trial pits root samples typed) or is it restricted to an opinion. Insurers often try a bluff tactic before spending money on site investigation and testing.
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Re: roots and zone of influence?

Postby Mojisola » Fri May 06, 2011 11:38 am

I find the idea that a buddleia's roots are capable of damaging a building quite laughable! It's also unlikely that an apple would cause damage. The silver birch will have roots close to the surface - have they just seen these and assumed the roots are causing the damage?
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Re: roots and zone of influence?

Postby despair » Fri May 06, 2011 12:41 pm

Totally agree

More likely shoddy foundations than the effect of your trees
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Re: roots and zone of influence?

Postby elodie » Fri May 06, 2011 3:33 pm

hi

we have seen the report. They dug a borehole and found the birch's roots which they have had identified. No evidence for the buddleia and the apple though except their location. Apple is about 1m from their house. Does anyone know what my legal position is?
elodie
 
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Re: roots and zone of influence?

Postby greennath » Sun Jun 19, 2011 8:33 pm

Hi, I have just registered and interested in this as have a similar problem myself. My neighbours flat behind my back garden has been suffering from subsidence.
The arborculturist's report stated the jasmine roots were the cause and poss. clematis. I cut back the jasmine ( am v.green and hating doing it) and poisoned it and think the roots were much more invasive than the clematis one's. I understood it was okay to leave the clematis but was informed no and also in the report. Have just dug up the root today but as has started dying already I tried to replant in soil. I have taken a picture of the root and the plant in my opinion cannot see how that can affect it as large root ball with small strands coming off it. Will be so upset if plant dies and will have to cut down etc. On my own with child and house is not easy!
Am I justified and can I take legal action against the arbor.if dies and not the cause?
Also think conflict of interest as with the same insurers and had no one come to assess from my side.
My opinion is that it is the road with no membrane, which has heavy traffic- buses etc causing the subsidence as my house shakes enormously and can see lots of cracks on my neighbours building which is on the main road side. Will try and get that looked into..Any help/advice/knowledge welcome!
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Re: roots and zone of influence?

Postby Mojisola » Mon Jun 20, 2011 10:51 am

greennath wrote:Hi, I have just registered and interested in this as have a similar problem myself. My neighbours flat behind my back garden has been suffering from subsidence.
The arborculturist's report stated the jasmine roots were the cause and poss. clematis. I cut back the jasmine ( am v.green and hating doing it) and poisoned it and think the roots were much more invasive than the clematis one's. I understood it was okay to leave the clematis but was informed no and also in the report. Have just dug up the root today but as has started dying already I tried to replant in soil. I have taken a picture of the root and the plant in my opinion cannot see how that can affect it as large root ball with small strands coming off it. Will be so upset if plant dies and will have to cut down etc. On my own with child and house is not easy!
Am I justified and can I take legal action against the arbor.if dies and not the cause?
Also think conflict of interest as with the same insurers and had no one come to assess from my side.
My opinion is that it is the road with no membrane, which has heavy traffic- buses etc causing the subsidence as my house shakes enormously and can see lots of cracks on my neighbours building which is on the main road side. Will try and get that looked into..Any help/advice/knowledge welcome!


Where were your plants growing in relation to the building with subsidence?
Mojisola
 
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