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  • FIRST POST
    • Wig
    • By Wig 11th May 06, 7:08 PM
    • 13,521Posts
    • 7,325Thanks
    Wig
    tree roots in drain
    • #1
    • 11th May 06, 7:08 PM
    tree roots in drain 11th May 06 at 7:08 PM
    If you have tree roots inyour drains causing a blockage, and needing new drains...is this covered by buildings insurance?

    If not why not, seems logical to include it in the cover.

    If not, are there any policies which doo cover this sort of thing.

    Any difference if it is your roots affecting your neighbours drain?

    Any difference if it is your neighbours roots affecting your drain?
Page 1
    • Debt_Free_Chick
    • By Debt_Free_Chick 11th May 06, 9:04 PM
    • 13,149 Posts
    • 9,492 Thanks
    Debt_Free_Chick
    • #2
    • 11th May 06, 9:04 PM
    • #2
    • 11th May 06, 9:04 PM
    In principle, yes - buildings insurance should cover it, provided you already had the insurance in place before the damage occurred. You can't take out insurance for an event that's already taken place.

    However, if it's your tree they might take the view that you should have prevented this, by having the tree cut down. If it's your neighbour's tree, then your neighbour might need to claim on their insurance policy.

    As a first step, simply call your insurance and they'll send someone out to investigate and assess the claim. They'll then tell you if they are going to meet it ... or if not, why not.

    HTH
    • impy78
    • By impy78 11th May 06, 10:10 PM
    • 2,819 Posts
    • 2,691 Thanks
    impy78
    • #3
    • 11th May 06, 10:10 PM
    • #3
    • 11th May 06, 10:10 PM
    Unfortunatley it wouldn't be, as damage caused by a gradually operating cause (damage caused over a long period of time like damp, rot, or this sort of thing), and they would class this as something caused by lack of maintenance. (although quite who maintains tree roots exactly, is beyond me).

    And also blocked drains are not covered by insurance again for the same reason. If however, you have accidental damage on your buildings and smash up the drain "trying to fix it" then it would be.

    The only time they make an exception is if there is subsidence invloved.
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  • Astaroth
    • #4
    • 11th May 06, 11:00 PM
    • #4
    • 11th May 06, 11:00 PM
    As impy says these types of things are generally seen as a gradual process and not a "big bang" but you can try to argue it is a big bang that caused it or that you could not have been reasonably aware of the issue.

    If it is your tree causing damage to a neighbours then they have to prove that you were negligent in your actions to claim off of your insurance and again that it is a "big bang" incident. Similiar to a washing machine that decides one day to spew water everywhere and damages the flat below it is just one of those things and unless they can prove that you as the owner of the washing machine knew there was a problem with it and that you didnt take corrective action within a reasonable time frame then they just have to claim off of their own insurance.

    Obviously if the tables are reversed and it is the neighbours tree causing damage to your drain then you have to prove negligence on their behalf and that it was single incident and not a gradual problem - ie next to impossible.
    All posts made are simply my own opinions and are neither professional advice nor the opinions of my employers
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    • silvercar
    • By silvercar 12th May 06, 9:56 AM
    • 36,090 Posts
    • 151,768 Thanks
    silvercar
    • #5
    • 12th May 06, 9:56 AM
    • #5
    • 12th May 06, 9:56 AM
    A neighbour had blocked drains and her standard Direct Line policy fixed it. I guess some insurers include drains cover and some don't.

    Also, in a lot of cases, you won't know the cause of a bolcked drain until you investigate.

    The water boards and british gas also offer drain insurance. You normally don't get cover for the first two weeks from taking out the policy.
  • ArchieB
    • #6
    • 12th May 06, 12:36 PM
    • #6
    • 12th May 06, 12:36 PM
    DL's policy should cover blocked drains if you have AD on buldings. The only stumbling block for the tree root claim may be the use of the gradually operating exclusion as stated already.
  • SPENCER
    • #7
    • 12th May 06, 3:28 PM
    • #7
    • 12th May 06, 3:28 PM
    We claimed for this on our insurance 5 years ago. It was the neighbour's tree root blocking the shared drain (sewage) but the tree root happened to be in the drain under our garden. We claimed for it on our building's insurance.
  • metoyoubear
    • #8
    • 28th Mar 11, 3:31 PM
    • #8
    • 28th Mar 11, 3:31 PM
    My neighbours tree has caused some concrete in my garden to crack around the edge and also a few of the block paving stones are lifting.

    Any idea what's the best way to proceed with this?
  • bellabear
    • #9
    • 28th Mar 11, 4:03 PM
    • #9
    • 28th Mar 11, 4:03 PM
    Tree root ingress to drains is something that IS typically covered by a buildings policy, it is classed as 'accidental damage', gradually operating causes does not come into it in this instance, unless it is a very recently incepted policy.
    £2000/£9000=22.2%
    • FlameCloud
    • By FlameCloud 28th Mar 11, 4:52 PM
    • 1,776 Posts
    • 843 Thanks
    FlameCloud
    Unfortunatley it wouldn't be, as damage caused by a gradually operating cause (damage caused over a long period of time like damp, rot, or this sort of thing), and they would class this as something caused by lack of maintenance. (although quite who maintains tree roots exactly, is beyond me).

    And also blocked drains are not covered by insurance again for the same reason. If however, you have accidental damage on your buildings and smash up the drain "trying to fix it" then it would be.

    The only time they make an exception is if there is subsidence invloved.
    Originally posted by impy78
    The FOS's viewpoint on this is the complete opposite.
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