Garden Law Discussion

[Carter]

There is a large tree and some smaller ones in my neighbours garden that is causing me a lot of hassle, to be fair some of it is just irritatating but there are some major concerns as well. Would appreciate some advice on the best route to take with this.

The main culprit is a large ash tree which has grown over the last 10 years or so and is blocking most of the sun & light in what used to be a lovely sunny garden. It is also pushing my fence over and I now have large cracks in my garage wall. There is also a large fir tree next to it to the right and to the left there is a smaller bush and then an elderberry tree which collectively block out any sun after 3pm.

I have spoken to my neighbours previously and do feel for them as the tree was already there when they moved in and it was a previous neighbour that had allowed the sapling ash to grow to this extent in a very unsuitable place. They have paid once to remove the overhanging branches on my side of the fence. However the new problem of the garage wall with an enormous crack is something they are refusing to deal with in the least damaging way.

The situation is this. Because I was concerned about a couple of cracks in my extension wall and the crack in the garage I called my insurance company and the sent a surveyor round and the result is not clear at all the cracks in the house he said were not caused by subsidence but the crack in the garage is not clear cut, it might or might not be the roots from the tree but the only way to tell is is to start digging. His advice was that it would be cheaper for me to repair the crack to the garage wall & get the neighbour to take down the tree as to pursue a claim for subsidence would cost me £1,000 excess, mean that I would be unable to change insurers in the future and the end result might be that it wasn't subsidence caused by tree roots and if this was the case the insurance wouldn't cover it anyway. This would also reduce the value of my house if I was to sell. I put this to my neighbour as it affects him as well in that any insurance claim would also cost him excess and devalue his property in the hope we could find the least disruptive solution for all concerned.

He has now come back to me saying that he can't afford to pay, doesn't want the tree to go anyway and thats what he has insurance for. I understand its difficult and its a no win situation for either of us. I really don't want to devalue my house as I will need to sell at some point as my property is my only pension (yes I know its not relevant to the tree situation but it does have influence on the way I might deal with it). My neighbour says he never intends to move anyway.

My question is this: is there any other way to resolve this I know the high hedge law won't apply as not all the trees are evergreen but do I have any other rights in either restricted light or physical movement of my fence or encroachment onto my property either from tree or roots?

Apologies for the long rambling text.

[jkkr]

Hi carter
It seems to me that your insurance company seem a bit lacking, they should be looking into why you have a such a large crack in your garage, ( for example taking bore holes and soil samples to establish if its your neighbours tree roots that are causing the damage) We have been in exactly the same situation as you, and believe me you have to push the insurance company to find out what is causing the damage, (as your neighbour said this is what you pay insurance for) £1000 may seem a lot at the moment but we have a nice new garage new shed and greenhouse, the neighbours trees have gone (not without a fight)
If it is proved that it is your neighbours fault you may have to pay the £1000 excess but this can be claimed back in the small claims court, Have a read of the abi subsidence tree roots agreement may help you a bit, Dont worry to much let your insurance company deal with it but you have to push them.