tree roots moving slabs !

scottishf

I am living in and ex local authority end terraced house. The land to the side of my house is owned by the council and has a tree quite close to the house. This hasnt been a problem up until now (the tree has been there for around 40 years with the house) but recently my front step has become wobbly and also a couple of slabs, when I looked a bit closer I can see roots from the tree which are the cause. What can I do about this. I dont want them getting into my house foundations and doing any damage.

This is also the same to the rear of my property and the drainage in the ack garden is poor, i'm presumming because of all the roots here :-(

scottishf

can anyone give any advice ??

Leif

My understanding, which may be incorrect, is that just as you can prune any branches that hang over your land, so you can cut intrusive roots. However, if in doing so you destabilise the tree and it falls, you may well be liable for any damage. Some information here:

http://www.which.co.uk/documents/pdf/the-law-on-trees-153989.pdf

According to the above, the council could be liable for damage to your paths.

Clearly the best option is to contact the council, and see what they say. I have been surprised at how helpful they can be, although not always. If you let them know they could be held liable, that might help them decide more quickly, and in your favour, fingers crossed.

Aha, I've just seen that you're a foreigner - - and the law in your country could well be different. I am sure Google can help.

scottishf

I had a look on google, but theres so much stuff there that I hoped someone here would be able to share a like experience :-) pffttt foreigner :-P

cheeswright

you are allowed to cut back the roots...
but will be liable to damage to the tree!
however
the roots are trespassing onto your property and you can insist that they are removed / that a barrier is erected to prevent this happening again...
but , well good luck with that - its not something I've ever seen a prosecution of - However it does mean the law is on your side here
and the council have an obligation to you to prevent damage to your property.....

the way to approach it would probably be to
1.phone the council and explain the problem, then say as you have now advised them any further issues will be their liability and that you will put that in writing to them -
2. then you ask them to send someone out to inspect it
warning them that you've been meaning to get your insurance assessor out to look at it
3. then you get your insurance ( house not contents) to come out and look
4 then you sit back and wait for all these people that you pay to deal with issues like this sort it out

hope that helps

scottishf

cheeswright wrote: »

you are allowed to cut back the roots...
but will be liable to damage to the tree!
however
the roots are trespassing onto your property and you can insist that they are removed / that a barrier is erected to prevent this happening again...
but , well good luck with that - its not something I've ever seen a prosecution of - However it does mean the law is on your side here
and the council have an obligation to you to prevent damage to your property.....

the way to approach it would probably be to
1.phone the council and explain the problem, then say as you have now advised them any further issues will be their liability and that you will put that in writing to them -
2. then you ask them to send someone out to inspect it
warning them that you've been meaning to get your insurance assessor out to look at it
3. then you get your insurance ( house not contents) to come out and look
4 then you sit back and wait for all these people that you pay to deal with issues like this sort it out

hope that helps

Thanks, that did help...i've phoned the council, just waiting for them to come back to me

scottishf

council came round and said they would fell the tree.....as for the damage they have sent me a claim form which im really not sure how to fill out.

How will I be able to put an estimate on the cost of repairs, and how will I know if there's any damage to the foundation ...

Do I just claim with my insurance and they sort it out with the councils insurers ?

LincolnshireYokel

You dont want trees near your foundations. Trees suck huge amounts of water out the ground, dry it out and will eventually cause subsidence. However, it may be wiorse, because if they already caused it and the house has settled, then when you chop the trees down, the ground rehydrate and lifts the foundations.

House and trees dont mix!!

scottishf

yeah, the tree was put in when the house was built - its ex local authority, but they own the land with the tree on it.

Leif

Glad to see it has been sorted.

LincolnshireYokel wrote: »

House and trees dont mix!!

Large trees and houses definitely do not mix. Last year I put in an offer on a house. Then via Google I saw that the small tree in the middle of the garden (about 15m by 15m) was an oak tree, and it completely shaded the house in summer. To make matters worse, it had a Tree Protection Order so could not be felled. I phoned the council, and they said it would be unlikely that the TPO could be removed. So I withdrew my offer. Complete madness to have an oak tree in such a small garden. And then the council wonks slap on a TPO.

scottishf

The tree has been there for 40 years (same time as the house) I never dreamed it could start to cause problems now, and hope that the only damage it has caused will be to the slabs :-(