Concern over a tree on the land of a property I wish to buy

Russellw99

I'm not sure if I am posting this in the correct place but I was wondering if anyone might be able to point me in the right direction of some advice....

I am considering submitting an offer for a property, however I have a concern over an oak tree that is located on the land, and what responsibility I would have for it.

My concern is not over the proximity of the tree to the property I am buying, but rather how close it is to another building (a commercial shop) at the bottom of the garden, where the drive way is. The roots for the property appear to be breaking up the driveway (that I would own) and cracks seem to be appearing on the wall of the commercial unit.

My question is; would I be responsible for this tree and the damage it might cause?

NB. The advice I’ve been given so far is that the 1) survey for the property would be unlikely to recognise this issue because it doesn’t affect the property, and 2) liability might be covered by my building insurance, but how can I be certain of this?

Eric1

Is there a tree protection order (TPO) in place? Have you checked with your council?

Russellw99

There is no tree protection order in place, however I'm thinking that the damage will already have been done.

Eric1

https://forums.moneysavingexpert.com/discussion/comment/11662193#Comment_11662193

http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/problems_where_you_live_index_ew/neighbour_disputes.htm
... If the roots have already caused damage, the tree owner is liable to pay compensation but it must be shown that the tree owner knew, or ought to have known, of the danger.

ormus

i would cut down the tree asap.
that way any damage caused can be shown to be the previous owners problem, and their insurance.
otherwise i would leave the purchase well alone.

andrew-b

If you go further with this and the drains run in the vicinity of the tree make sure you get a drains test carried out as replacement/repair could be costly.
I would expect a full structural survey to comment on the tree ...if only for breaking up the driveway. Though i would mention it if/when you instruct your surveyor to carry out the survey so they can comment further. How much do you like the house though? Many people might run a mile ..others just deal with it. There's no such thing as a perfect house without any problems...there's always a compromise or at least some problem!

ormus

a full survey would most likely make a comment on the tree.
but it would be a very general comment, much as i would make. and my comments are free.
a tree experts advice would be much more useful in this case.