The court also said that the hedge was not an attractive feature and its removal presented no difficulty or disadvantage to Mrs Kane, after accepting that removing the hedge would have cost in the region of £700-£800 (the court seemed to consider that this was not a significant expense in the circumstances). While trees can add financial and aesthetic value to property; trees can also cause and / or contribute to structural damage to buildings and other structures. One of the most common causes of subsidence damage to property is from clay … However a large tree will remove a considerable quantity of water from the ground and this can cause the area to dry out more than before. Neighbour's trees causing subsidence. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. The oak tree is responsible for the largest number of subsidence claims in the UK. Most trees growing near buildings cause no damage. Posted on December 15, 2015 by julian@bickersinsurance.co.uk. The roots of a tree are unlikely to damage property foundations themselves as few can penetrate concrete. Therefore, Mrs Kane’s lack of actual knowledge did not present her with a successful defence because the court found that a reasonably prudent landowner would have known that the hedge presented a real risk of causing damage – and the risk was not a mere possibility. Not all circumstances in which a tree grows close to a house will give rise to subsidence. But get it sorted before next year if possible. One of the most costly maintenance problems for homeowners is woodworm, dry rot and wet rot. The tree roots will not normally damage the foundations of a house directly but they can increase the likelihood of subsidence when they are combined with a clay soil, which shrinks and swells as moisture content decreases and increases. The following list of safe tree distances is a list referring to the potential damage from their roots to the foundations of your property which may cause subsidence. clay) and I have addressed this some time ago already (to a limited specificity). 211 months. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. Thinking of buying a house with a large tree in the garden? However a large tree will remove a considerable quantity of water from the ground and this can cause the area to dry out more than before. My trees causing neighbours subsidence. The upshot of this is that the damage is likely caused by laurel bushes less than 1 metre from the garage in a neighbour's garden and a cherry tree (considerably taller than the 2-storey house) approximately 4 metres from the garage, also in the neighbour's garden. The roots of a tree are unlikely to damage property foundations themselves as few can penetrate concrete. This damage will often take the form of subsidence, particularly if the soil is of clay composition. 6,930 posts. Monday 14th November 2005. Small ornamental varieties planted around 15-20 feet from the house should be ok but it is best to seek advice from a qualified arborist before making a decision. But do remember in the Winter the ground becomes more saturauted and the subsidence slows down and stops. In cases where the tree (s) in question is a low-value tree and / or there is no degree of statutory protection afforded to the tree, the landowner may very well consider it appropriate to remove the tree or otherwise prune the … The roots of many types of trees are well known to cause damage to properties. We like to offer all our customers a first class service, which is backed up by our Trust pilot ratings. The ash tree is another fast growing deciduous tree which prefers moist conditions and whose roots will spread wide distances to find water. Treework Environmental Practice provides tree consultancy services including structural damage and subsidence tree reports to private clients, including property owners and buyers, throughout the UK. Home › Property Insurance › Home Insurance › What are the four worst trees for causing subsidence? Only homes built on clay soil are susceptible to subsidence, and trees can make the problem worse. The oak tree is responsible for the largest number of subsidence claims in the UK. The tree roots, in their search for water, will increase the drying out of the soil in the surrounding area, and increase the likelihood of the foundations moving and causing subsidence. In urban areas willow tree roots have been known to invade drains and pipework. The best Which? So a new extension next to mature trees may not subside, but young trees could cause subsidence … An arboricultural assessment has been made and as a result I am being asked to cut down two trees. Subsidence. There is of course another danger of large trees near to your property which is from impact damage to your property (or persons in the property or garden) following a violent storm. My neighbour is being asked to do the same for several more. This can cause the soil / clay in the area to absorb the water, swelling it and causing heave (the upwards movement of the ground and the opposite of subsidence). So a new extension next to mature trees may not subside, but young trees could cause subsidence … Of course, you are more than welcome to call us and we can provide your cover over the phone, All Insurances Subsidence from trees. Management of trees is essential to ensure you don’t make the problems even worse. QI bought my flat in November 1999. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. Questions here surround a neighbour's conifer tree which is around a foot away from my house. QI bought my flat in November 1999. A tree which is growing on your neighbour’s property or close to the boundary of your property could be causing a nuisance to you for a number of reasons. The neighbours trees are well over the 2 metre threshold and there are several of them. Monthly payments available. All our policies cover Home Emergency as standard up to £500. But if you are thinking of buying a house built pre 1950, and it is in an area of clay soils, you should assess any nearby tree for whether its roots may potentially reach the soil around your house foundations. Tree roots near your home could potentially cause serious problems. This case reiterates the principle that a person would only have to eliminate (or minimise) a risk when the circumstances were such that a reasonable person would have thought it right to do so. When mature they can have a very large canopy and the tree requires vast amounts of moisture. Right, © 2020 All Rights reserved Assetsure is a trading name of Hildon Park Ltd which is Authorised and Regulated by the Financial Conduct Authority No.592997, Our phone lines are reserved for our customers or potential customers who may also contact us using the, Comprehensive insurance for Electric bikes, Militaria / Military Collectable Insurance. Are we liable for the removal of the tree? The ash tree is another fast growing deciduous tree which prefers moist conditions and whose roots will spread wide distances to find water. If the tree has been taking out significant amounts of water, removing it may cause the soil to rehydrate and swell. Over 60% of all subsidence claims are triggered by trees. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. Our neighbour is claiming that our tree is causing subsidence of his garage. If you are worried about the potential subsidence problems that a neighbour’s tree could cause, discuss it amicably and try to persuade him or her to take an appropriate action. Roots can cause a lot of problems and if they’re deep and/or causing subsidence or any other form of damage to your side of the property, you might need to get a tree surgeon or some other kind of structural engineer to deal with the problem. I have a problem concerning subsidence in my neighbour's house, who I have a good relationship with. they were unaware of the risks that their trees posed and they could not have foreseen that their trees would cause subsidence damage to a neighbouring property. The judgment is required reading for all practitioners handling tree root subsidence claims. The decision to remove a tree is serious and you may find that the tree is protected by a preservation order, legally preventing you from removing it. All our policies include Legal assistance as standard up to £50,000 This offer Legal protection for problems relating to employment, contracts, property and personal injury etc. Information has been sent to me by his insurer telling me about quite serious subsidence. Tree-related subsidence is quite a common occurrence on shrinkable soils (e.g. Published on Fri 5 Jul 2002 07.20 EDT. Are there any trees that are suitable to grow near a house? Subsidence is when the soil (particularly clay soil) under a house contracts when it’s … We are open 7 days a week to assist you with your enquiries. Tel: 0344 251 0070 - Email: [email protected]. Poplar trees particularly the large columnar variety are very popular across Europe, they grow very fast and can look hugely impressive swaying in the wind. The Judge in this case agreed with the Defendant that the general risk of tree root subsidence is not sufficient to make all damage reasonably foreseeable, otherwise every claim due to subsidence would succeed. A common belief is that it's the roots of a tree which cause of damage to property foundations, but this is not usually the case as normal tree roots cannot penetrate through concrete. Mrs Kane was liable for the damage caused by the Cypress hedge, but not by the oak tree, largely due to its size and proximity to the Khans… This “heave” can be just as damaging. A No, but if the tree were to cause subsidence the insurer is likely to refuse to pay out for repairs to yours or a neighbouring property. Neighbour's tree and subsidence. Subsidence typically occurs when the ground beneath your home shrinks. They do tend to lop the top off now and again but its now standing around 10ft tall. Because tree roots absorb water from the soil, it causes the earth to dry faster and that leads to subsidence. It would appear that property owners have been warned that they are expected to: For more information on the tree root subsidence issues raised in this article or on neighbour disputes in general, contact our Civil Litigation team or call us on 0117 904 6000. The roots can stretch out in search of moisture and there are some types of tree that are more likely to cause subsidence damage than others, due to the size to which they can grow and the way in which the root system is structured. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. We automatically provide you with £1,000,000 cover for rebuilding cost of your property, ideal if you are unsure of your re-building cost. Houses built since the 1950's generally have deeper foundations to avoid the problems due to drying out of the soil. • The tree may be within a neighbouring garden or in the street. Subsidence from trees. I am going through my Insurance company and a surveyors company are acting on my behalf. Many trees self seed quite extensively and you may not even notice a sapling growing close to the house. If the tree is the cause of subsidence, and a future claim is made in another policy year, then you might be liable for it, yes. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. Trees, by their very nature can be very large, very heavy and can drink a lot of water from the soil surrounding them. So it is not clear that the subsidence is due to the tree. Preventing or Dealing with Subsidence and Structural Problems.Whilst subsidence is usually covered by a building insurance policy, it is definitely something that you do not want to happen at your property if at all possible. Subsidence claims can often be costly, so a loss adjuster will usually be sent to assess the claim and the cause of the problems. Ash, willow, elm, poplar and oak trees all suck up a great deal of water. The following year I discovered that it … Posted on Nov 25th, 2013 by Lyons Davidson, By using this website you agree to accept our Privacy Policy and Terms & Conditions Accept, Civil Litigation: Professional Negligence, Commercial Litigation: Professional Negligence. The court found that the risk of damage to the claimants’ property was foreseeable to Mrs Kane, even though she did not actually know that her hedge presented a real risk of damage to the claimants’ property. Claims for damage resulting from tree roots are brought in nuisance rather than trespass, even though the tree roots will be encroaching on the neighbouring land. Heave can only occur where subsidence has occurred before it: the shrunken clay, in re-wetting, returns to its original volume, thus causing uplift to any foundation set upon it. For it to be trees, you need to be (1) on shrinkable soil - usually a clay and (2) the structure is on shallow foundations and the cracks have appeared as the trees have grown bigger (or been cut down). Reply Reply Author. works for you solution is to ask the advice of a qualified arboriculturist, and get them to prepare a report to help convince the insurance company. The … For most people, this involves having good quality door and window locks. Trees and subsidence. Instead, it is that the tree's presence will alter the water content and structure of the soil, which in turn can cause foundations to shift and crack. The encroachment of branches or blocking light into your home may affect your enjoyment of your property. More common in clay soil are susceptible to subsidence, particularly if the soil it. Leaves through transpiration practitioners handling tree root subsidence claims are triggered by trees as damaging on 15. 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