Root damage from a TPO Oak

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Root damage from a TPO Oak

Post by familyman » Sun Oct 30, 2011 11:53 am


This is my first post and any help/guidence would be very welcome.

We moved into our house 4 years ago which was built in 1760 so has a bit of history. In the corner of the garden (about 20 meters away), right on the border of our neighbours garden is a mature Oak which, I would estimate, to be around 25 meters tall and maybe 50/75 years old.

Here is our problem:
  • When undertaking our searches before buying the house, we specifically asked whether there had been any insurance work carried out to the house caused by the tree, or anything else, in their time at the house, and whether they were aware of any previous insurance claims before. They answered with a clear 'No, there have been no insurance claims that we are aware of' which took away our concern.

    We recently became aware through another neighbour that, a year before buying the house, there was indeed a large insurance claim caused by root damage so the indication is that they clearly lied. Apparently there was a large concrete barrier put between the house and garden but we do not know this to be correct.

    Many years ago, the previous owner contacted the council to protect the tree, which has a TPO. His garden is large and he likes the tree (wheras our garden is small and the tree takes up at least half of the days light), and has so far not been open to addressing any issue re the tree.

    Our driveway is now very cracked and part has dropped. An extension which is the kitchen and bathroom (done maybe 20 years or so ago) is now starting to crack and the cracks are getting larger - we understand from another neighbour that the previous claim was to re-attach the extension to the house... The patio is also very cracked and two cracks run into the house. We really want to address the problem before it becomes a real problem!
So, we really need guidence on what we can do, what rights we have and what rights the tree/neighbour has, and whether anyone can suggest a specialist we could speak to. We really think that a 300 year old house should have more rights than an Oak tree! in terms of who can actually see the house - there's us, the neighbour who owns the tree, and one other neighbour - you can see if from our driveway if you specifically look for it..

any help greatly appreciated.

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Re: Root damage from a TPO Oak

Post by Treeman » Sun Oct 30, 2011 3:45 pm

You need to speak to your buildings insurer
They will take it from there

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