Tree causing damage to neighbours property

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SV Gary
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Joined: Mon Jun 16, 2014 6:08 pm

Tree causing damage to neighbours property

Post by SV Gary » Tue Jun 17, 2014 1:29 pm

Hi there - looking for some advice please.

I have a tree that is apparently causing damage to my neighbours extension. The tree was there first (over 50 years old), neighbours extension came second (10 years old). Bore samples have been taken by neighbours insurance company and roots from my tree have been found under his foundations. Planning permission has been granted by the LA for the removal of the tree (no amenity value!) and I now have to take it down. I have managed to get his insurance company to pay for the removal but I still have to take it down. Now my concern is, that if I do take the tree down, I am responsible for any issues relating to the tree removal e.g. subsidence due to heave. The arboricultural reports from my neighbours insurance company states there is unlikely to be any heave but they will not issue me an indemnity against further liability arising from the removal of the tree.

Does anyone have any ideas how I can reduce/remove my risk associated with the tree removal? I have thought about giving my neighbour permission to remove my tree, he then does this at his own risk, but if he refuses then I am liable for any further damage to his property if I do not remove the tree within a reasonable time period.

Any advice gratefully received.

despair
Posts: 16299
Joined: Mon Mar 14, 2005 7:07 am

Re: Tree causing damage to neighbours property

Post by despair » Tue Jun 17, 2014 3:19 pm

WAIT for Treemans response

Do nothing without his advice

MacadamB53
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Joined: Sun Dec 09, 2012 11:13 pm
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Re: Tree causing damage to neighbours property

Post by MacadamB53 » Tue Jun 17, 2014 4:29 pm

Hi Gary,

Bore samples have been taken by neighbours insurance company and roots from my tree have been found under his foundations.

is that so? can you share the exact wording?

Kind regards, Mac

Treeman
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Joined: Fri Feb 25, 2005 7:02 am
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Re: Tree causing damage to neighbours property

Post by Treeman » Tue Jun 17, 2014 4:50 pm

Chances are that you have been deceived by a well practiced smoke and mirrors act from the insurers and their agents

Have a look at his thread

http://www.gardenlaw.co.uk/phpBB2/viewt ... =2&t=19378

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