Next door's trees causing subsidence, can't sell, do I have rights?

KILOCHARLIE

Didn't know where else to post this so apologies if its in the wrong place...

I was wondering if anyone please had any advice for me as I have a serious issue with my flat. Last year a large crack appeared on the outside of my property and caused my window frames to move and gaps to appear. I reported the issue to the building's management company and they sent out a surveyor who reported that it was caused by a subsidence problem. This has occured due to the trees in the garden of a large house that I live next door to. The trees are about five metres away from my wall and are very, very high.

The surveyors and management company have contacted the owners of the house numerous times to tell them to cut the trees and kill the roots as no work can start on fixing the cracks until this has been sorted. They haven't replied to any communication and everyone says they are unlikely to as there was a similar issue a few years ago when some other trees blocked all the light coming into other flats on the other side of my building. In that instance, the owners didnt respond to any calls to cut the trees and it ended up with the residents paying to get them cut themselves despite the trees being on the neighbours property.

I have just written a polite letter to the neighbours which I am going to post tomorrow outling the problem again and mentioning the effects it is having on me. Not only are there obvious things like draughts in my flat, damage that I need to repair but I am also trying to sell my home. I had someone interested about three weeks ago who said they would have definately bought it but the crack completely changed their mind and they have bought elsewhere. Estate agent says I'd either have to drop the price by a large sum or stay put for a number of years til its all sorted and the problem has definatelt cleared

In the letter I have said that I would really like things sorted amicably but would have to seek legal advice if nothing happened as its not only affecting me financially but seriously changing my options in life. The management company has said they would have to look into taking legal action too if the neighbour don't do anything but it would probably end up cheaper, easier and quicker if all the residents chipped in and paid to get the trees sorted ourselves.That obviously doesn't help with me selling my house or the unknown issues if I ever had to remortgage etc.

Does anyone know if I would have a legal case for action or even damages, especially if the management company are trying to sort it? Any advice is very welcome and I guess this is going to be a serious and long issue

MrsCrafty

Your household insurance will manage the legalities for you. I would contact them before you attempt any communication. This happened to me and the neighbour had to pay £1000 excess because it was classified as subsidence charges.

They will contact your neighbour and if they don't respond will get get a court order to have the trees cut down. By this time the neighbour will be responsible for all of the fees. Your insurer may say that you can try to deal with it amicably but check first.

Biggles

KILOCHARLIE wrote: »

I have just written a polite letter to the neighbours which I am going to post tomorrow

Er, they live next door, don't they? Have you actually spoken to them?

paddy's_mum

I'm not quite sure where your management company are coming from with this since without either a court order or the consent of the owner of the trees, nobody has any right to go onto another's land and start chopping.

Your household insurers is the best way to start, as Mrs Crafty has said.

dancingfairy

I've got a feeling that if the roots are on your land you have certain rights but I'd proceecd with caution and get legal advice via the insurance or via work if you have though sort of thing.
df

Mallotum_X

Contact your insurance and let them deal with it.

mustrum_ridcully

dancingfairy wrote: »

I've got a feeling that if the roots are on your land you have certain rights but I'd proceecd with caution and get legal advice via the insurance or via work if you have though sort of thing.
df

Trouble is this OP is talking about a flat, so has the added complication of having to involve the management company and freeholder.

OP should expect a battle. Sounds to me as if these flats are fairly new and I suspect the neighbour in question is not best pleased about the development.

The criminal damage caused to their property (the trees) earlier on probably made them even less happy. The neighbour might well have done nothing because they didn't have to! Right to light only exists for people who've received natural daylight for 20 years or more and the law relating to high hedges is fairly specific.

gocat

MrsCrafty wrote: »

Your household insurance will manage the legalities for you. I would contact them before you attempt any communication. This happened to me and the neighbour had to pay £1000 excess because it was classified as subsidence charges.

They will contact your neighbour and if they don't respond will get get a court order to have the trees cut down. By this time the neighbour will be responsible for all of the fees. Your insurer may say that you can try to deal with it amicably but check first.

This is interesting. I have had to contact my insurance company re subsidence and the likely cause of the subsidence is trees on council land over the fence from my back garden. But Ive been told that we have to pay the £1000 excess. Shouldnt it be the council?
Also we have 4 conifer trees which the report says are not the cause for subsidence but have been advised to remove them in case they cause problems in the future and and have been told we will have to pay for that ourselves. Would have though the costs would have come out of the insurance for that?

So looks like we have to pay the £1000 excess charge and pay for the conifers to be chopped down :eek:

Anyone know if we have been told wrong?

MrsCrafty

If the council own the trees, then they are causing damage to your property. Get back in contact with your household insurance and give them a hard time. I would also contact the council and see if you can speak to someone there.

chris_m

gocat wrote: »

But Ive been told that we have to pay the £1000 excess. Shouldnt it be the council?

This is usually the case with insurance excesses. The insurer will pay the costs, less the excess, and that's the end of it as far as they are concerned. If the insured party wants to recover the excess, they have to do it themselves.

If you have legal cover as part of the policy it may be that they can help you recover the excess from the council but it would be a separate issue from the initial claim. Otherwise, you're on your own and would have to deal withhe council yourself or through solicitors/courts.

pimento

gocat wrote: »

Also we have 4 conifer trees which the report says are not the cause for subsidence but have been advised to remove them in case they cause problems in the future and and have been told we will have to pay for that ourselves. Would have though the costs would have come out of the insurance for that?

If they're your trees, who do you think should pay for them to be felled?