These area include the roof timbers, joists, staircase and floorboards. Tree roots near your home could potentially cause serious problems. Tel: 0344 251 0070 - Email: [email protected]. clay) and I have addressed this some time ago already (to a limited specificity). In this case, the defendant, Mrs Kane, was held liable in nuisance for some of the claimants’ loss, after her hedge caused subsidence damage to the claimants’ neighbouring property. Monday 14th November 2005. Home › Property Insurance › Home Insurance › What are the four worst trees for causing subsidence? This will depend on the renewal … The oak tree is responsible for the largest number of subsidence claims in the UK. The … Management of trees is essential to ensure you don’t make the problems even worse. busa_rush. Subsidence is when the soil (particularly clay soil) under a house contracts when it’s … 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. ... a tree from your property unless they believe it will cause damage. My neighbour is being asked to do the same for several more. One of the most costly maintenance problems for homeowners is woodworm, dry rot and wet rot. 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. However, this argument will not necessarily provide a defendant with a successful defence, as seen in the recent case of Khan and Khan v Harrow Council and Sheila Kane [2013] . 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. 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. 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. Monthly payments available. My trees causing neighbours subsidence. 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. The following year I discovered that it … Subsidence claims can often be costly, so a loss adjuster will usually be sent to assess the claim and the cause of the problems. Published on Fri 5 Jul 2002 07.20 EDT. This “heave” can be just as damaging. The following year I discovered that it … Trees, by their very nature can be very large, very heavy and can drink a lot of water from the soil surrounding them. 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). So a new extension next to mature trees may not subside, but young trees could cause subsidence … Again these are best avoided near houses. 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… But get it sorted before next year if possible. Can I cut down my neighbour’s tree? So it is not clear that the subsidence is due to the tree. Subsidence typically occurs when the ground beneath your home shrinks. Tree roots absorb water for photosynthesis and moisture evaporates from the leaves through transpiration. One of the most common causes of subsidence damage to property is from clay … Most trees growing near buildings cause no damage. Learn more about this in the section on subrogation below. More serious problems that could arise include the roots causing subsidence or affecting the water content of the soil. Only homes built on clay soil are susceptible to subsidence, and trees can make the problem worse. The ash tree is another fast growing deciduous tree which prefers moist conditions and whose roots will spread wide distances to find water. These should be studied most carefully as without the correct protection being in force, you may find your cover compromised in the event of a claim. Over 60% of all subsidence claims are triggered by trees. Reply Reply Author. 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 … 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). A tree’s roots will cover a roughly circular area around it; up to about twice its height and that may quickly start to affect the soil under the house. 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). The recommendation in the report is to approach the neighbour to have these removed. 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. But in some cases, subsidence and structural damage can be linked to tree roots. Tree-related subsidence is quite a common occurrence on shrinkable soils (e.g. Published on Fri 5 Jul 2002 07.20 EDT. For most people, this involves having good quality door and window locks. Subsidence from trees. The judgment, while favourable for prospective claimants, should not necessarily send homeowners (or their insurers) into a state of panic. Duty of neighbours in tree root subsidence cases. QI bought my flat in November 1999. 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. If the tree is a cause then there is a claim to be made against your neighbour but this is best left to your buildings insurer. Blocked drains and lifted paving may also be a problem. Subsidence. Understanding the factors involved in tree damage to buildings, including soil type and depth of foundations, will help both tree and house owners determine what action to take and when to get … Trees and subsidence. 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. I have a problem concerning subsidence in my neighbour's house, who I have a good relationship with. Neighbour's trees causing subsidence. So a new extension next to mature trees may not subside, but young trees could cause subsidence … Are we liable for the removal of the tree? Willow trees like damp conditions and a large mature tree is thought to extract around 1000 liters of water a day from its surrounding soil. 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. 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. 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. The best Which? Tree-related subsidence is quite a common occurrence on shrinkable soils (e.g. I would not worry if the neighbours say No, the law works in our favor and trust the tree people that are working on your case, but in the meantime, it is cause damage to the property. Discussion. The roots of many types of trees are well known to cause damage to properties. If the tree has been taking out significant amounts of water, removing it may cause the soil to rehydrate and swell. 211 months. They do tend to lop the top off now and again but its now standing around 10ft tall. 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. Are there any trees that are suitable to grow near a house? Only if your neighbour is uncooperative, or Thinking of buying a house with a large tree in the garden? 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. So it is not clear that the subsidence is due to the tree. Information has been sent to me by his insurer telling me about quite serious subsidence. All our policies cover Home Emergency as standard up to £500. You can only trim up to the property boundary. When mature they can have a very large canopy and the tree requires vast amounts of moisture. clay) and I have addressed this some time ago already (to a limited specificity). 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. 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. These trees will include willow, oak and elm trees. An arboricultural assessment has been made and as a result I am being asked to cut down two trees. But do remember in the Winter the ground becomes more saturauted and the subsidence slows down and stops. 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. The neighbours trees are well over the 2 metre threshold and there are several of them. Subsidence damage to your property caused by trees or shrubs. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. Again these are best avoided near houses. Rather, a tree's position, height or condition, the type of soil, or a combination of these factors would need to indicate the risk of subsidence in a particular case. 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. Subsidence from trees. If tree root systems suck too much water out of the soil, such as during periods of drought, the sponge-like soil can shrink and literally fall away from beneath your home. 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. 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. 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 encroachment of branches or blocking light into your home may affect your enjoyment of your property. This would be a situation where a risk is unlikely to come about or the consequence would be minimal if it materialised. Neighbour's tree and subsidence. 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 tree and subsidence. But like the willow their roots are highly invasive and are known to spread up to 40 meters, again causing problems to any pipes or drains in their path. forgottenwoods. (1) London Borough of Harrow; and (2) Helen Sheila Kane, which considered whether tree root subsidence damage was reasonably foreseeable to a private individual owner of a domestic property whose trees caused damage to a neighbouring property. There are different varieties of oak trees, but most have shallow spreading roots that may cause damage to house foundations if grown near a house. 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