Possible structural damage from tree roots.

[Lonnie]

Hi all, this follows on from my post on Eucalyptus trees, if my neighbours, who I don't really want to fall out with, don't take action, and as a result, my house is damaged by the roots, it may or may not happen, but if it did, who would be liable for the cost of repairs?. thanks.

[alan30]

In the first instance your own insurers would cover the cost of repairs. If damage reoccurs or continues and can be proven to be the neighbour's trees they (your insurers) will then pursue recovery of further repair costs against him or his insurers. If you put your neighbour on notice of the potential of his trees to damage your property he should inform his insurers of the 'on risk' situation. They may require him to take action to abate the nuisance or if he refuses they will probably not cover him for a third party claim. All this assumes the trees have the potential to cause damage; generally trees close to a property on shrinkable clay soils.

[Lonnie]

Thanks alan30, what got me worried was the size its grown to in such a short time, its about fifteen feet from the backs of the houses, and we have partial clay soil, thanks again for that info, very useful.

ps, you were reccomended by logman, so thanks to him also.

[alan30]

The following is the actual text from the Association of British Insurers Domestic subsidence Tree Root Claims Agreement � third party liability

1. that where a claim arises in respect of subsidence or heave and where damage to the building and/or contents has been caused wholly or partly by tree root encroachment the Insurer holding the buildings and/or contents insurance for the damaged property undertakes to investigate, handle and where appropriate meet the claim on the basis of their policy cover;
2. not to pursue recovery against the Insurers of the
owned/tenanted/occupied property responsible for the
liability of the tree root encroachment regardless of
whether the damage has been caused wholly or partly as a result of the tree root encroachment;
3. that in the event of there being a recurrence of damage and no reasonable preventative measures have been taken by the person/persons who have liability for the tree root encroachment this Agreement will have no effect in regard to any subsequent claim;
4. that this Agreement will have no bearing or consideration in any uninsured loss claim which may be pursued against the person/persons having a potential liability for the tree root encroachment.

[Lonnie]

Thanks for the work you've put in, that'll come in very handy,

[kazza55]

Glad I saw this post. We've got a eucalyptus growing at the front of our garden not far from next door's new block paved driveway and only about 10 foot away from where the sewage/water pipes are underground.

If we cut it the tree down and left a stump, say 9 inches tall, would we have to try and destroy the stump and roots somehow on order to get rid of it?

[Lonnie]

Hi kazza55, from reading earlier replies, the answer to that would be yes, but as has been said on my thread on Eucalyptus trees, check firdt to make sure its not protected. Are these trees the new Leylandii's?.