Large tree damaging outbuilding

[Squishy21]

Hi all,

Just wondering if anyone has any advice about the following issue.

My neighbours have a large tree of 1m+ diameter (shared on the boundary between them) which is approximately 1m away from my boundary and my outbuilding which sits on the boundary. There appears to be damage developing in the masonry progressively as a result of the tree roots under the foundations and I've had to adjust the door multiple times as it's sticking due to movement of the wall. Given the size and proximity I have provided photos of the cracks over the last year or so developing to the one neighbour and they have been liaising with the other neighbour.

My desire is for damage to the shed to be further prevented by either felling or managing the tree appropriately (they haven't to date). They have agreed to have it trimmed back (after multiple discussions), but previous proposals for work they discussed were fairly minor, so I am concerned damage may continue even after the works and they will will then be reluctant to pay for additional trimming / felling.

I've been advised cost of demolishing and rebuilding the shed would be approximately £8k by a builder.

What is reckoned to be the best course of action, so far I have thought of the following:

1) Pay for an arboriculturalist to undertake a survey with professional recommendations and attribute the damage to the tree.
2) Discuss with my insurance company the issue - I also have legal cover.
3) Write a letter to both neighbours thanking them for the proposed trimming back, but raising that if further damage occurs I will need to raise it again and may look to recover some costs of repairing damage.
4) Other?

I don't want to remove the liability off them by just accepting the trimming back if it has the potential to cause on going damage. I also want to stay reasonably amicable, but as I am looking to rent the property out in future being friends isn't necessarily top priority - more consideration for protecting my property from damage.

Any thoughts welcome. Thanks in advance!

[islandgirl]

The tree was probably there before the outbuilding! As your neighbour I would say that if you paid for the work I would be happy to manage (not fell) the tree. I do not know the strict legal position but I do know neighbour disputes are very costly (8k would be nothing) and have to be declared if you sold the property.

[atticus]

If you are thinking that at some point you may be making an insurance claim, then you should check your policy wording now. Generally an insured is required to notify insurers promptly on becoming aware of circumstances that might give rise to a claim under the policy.

[dslippy]

You need to speak to your insurers.
What kind of tree is it? It matters. Different species have differemt root structures, and it is the root structure which tells you how far damage might extend.
This is a large tree. What is causing the damage is not the tree as you see it but the root system. That root system will be twice the size of what you can see. Trimming the top willl not discourage the roots from growing and throwing out more above ground.

Listen to what Islandgirl says about the costs of any dispute. She is not exaggerating. The tree is as likely to be damaging to any property within a short distance from it. Do whatever you possibly can and twice again to avoid it becoming a disupte

[echat11]

Exactly as Atticus and DSLIPPY has said, the first thing to do is report it to your insurance company.

Then decide how to proceed. Check your policies for Legal Expenses Cover (as Islandgirl, can be a costly).

[Squishy21]

If you are thinking that at some point you may be making an insurance claim, then you should check your policy wording now. Generally an insured is required to notify insurers promptly on becoming aware of circumstances that might give rise to a claim under the policy.

Yes, I will check the policy. I know I have legal expenses cover included within the policy but need to look into the extent of this.

[Squishy21]

You need to speak to your insurers.
What kind of tree is it? It matters. Different species have differemt root structures, and it is the root structure which tells you how far damage might extend.
This is a large tree. What is causing the damage is not the tree as you see it but the root system. That root system will be twice the size of what you can see. Trimming the top willl not discourage the roots from growing and throwing out more above ground.

Listen to what Islandgirl says about the costs of any dispute. She is not exaggerating. The tree is as likely to be damaging to any property within a short distance from it. Do whatever you possibly can and twice again to avoid it becoming a disupte

It's a large sycamore tree 1m+ diameter. The roots are likely under a large part of my garden and heading towards the main property. When I made the point that trimming would alleviate the problem they said they didn't want to remove the tree. I offered to put money towards planting a new nursery grown reasonably sized tree if they felled this one.

[Squishy21]

I've since spoken to my insurance company and I'm awaiting a call back from the legal cover people.

My insurance company confirmed that the policy doesn't cover subsidence related to vegetation for outbuildings, only the main property.

I'll see what the legal advisor says and take it from there, but by the sound of it the trimming back is likely not going to prevent further damage occurring so if nothing further is done my property will suffer.

[des8]

You can of course trim back to the boundary any part (including the roots) of a tree which encroaches on your land.

So if you fancy a bit of digging (with an excavator?) and chain sawing ......................

[Squishy21]

*delete*

[Squishy21]

You can of course trim back to the boundary any part (including the roots) of a tree which encroaches on your land.

So if you fancy a bit of digging (with an excavator?) and chain sawing ......................

I would be keen to do that / construct a patio with deep foundations , but my structure wall lies on the shared boundary so unfortunately that one isn't an option open to me.