Selling - Conifers damaging neighbours driveway

hotuk

Thanks for all your help, you have been very helpful.

This is my plan,
I will go to see him tomorrow and tell him he needs to inform his insurers and I will let my insurers know that the neighbour is contemplating a claim and take it from there.

Shall we exchange insurance details tomorrow? Or shall I wait until his insurers contacts me for my insurers details?

Thanks

courtjester

hotuk wrote: »

Thanks everyone for your help in this matter,
I’m not sure about the trees predating the drive but he was telling me he built his house about 30 years ago, our house was built in 1940’s.

The legal principle here is the law of 'nuisance' - which is an ongoing liability. In other words, if the encroachment of roots from trees on land that you own has occurred during your ownership, then you are liable for the damage caused due to this nuisance - it is irrelevant that the trees were planted previously. You would only be able to pass back liability for damage which occurred prior to your ownership of the land if you could differentiate that from damage which has occurred more recently.

Another thing to bear in mind is that it is also irrelevant that the plaintiff came to the nuisance or that the nuisance existed before the plaintiffs arrival (which is no defence).

You are responsible for ensuring that anything on your land does not become a nuisance to your neighbour and your neighbour is entitled to enjoy his or her land without encroachment from your land - so again it matters not that he may have laid a drive on his land after the trees on your land were planted - he is entitled to do as he chooses.

You are doing the correct thing in that BOTH parties should report the matter to your respective insurers and then let the insurers decide how to deal with it without getting into any argument over whose fault it might be.

hotuk

Hi All,

I went to see my neighbour and told him that he should contact his insurers who will then investigate and then they will write to me for my insurance details.

He advised he has already spoken to them, they are Barclays insurance and they said they want nothing to do with it, they are my trees and I should contact my insurers. I am about to phone my insurers and tell them the problem but should I?
He gave me all his insurance details and said I could ring them if I want, he has tried but not getting anywhere.
Do you think he is telling the truth? Can the insurers flatly refuse to have any part in this?
An urgent reply would be most appreciated.
Thanks for all your help.

wecanhelpu

I think your neighbour's insurance company will not pay on the grounds that the damage has been caused by negligence or that something could have been done to prevent the damage.

I'm not saying that's right, you understand, I'm just saying how I think they will try to "wriggle out of paying".

realwildone

I have just had the same problem and it is joint responsibility. Their drive, your trees.

hotuk

Hi again,

Just got off the phone from my insurer and they have advised I can’t claim for my neighbour on my policy, my policy covers myself and my home and my property. He needs to speak to his own insurers.

I also mentioned to the lady the neighbour has spoken to his insurer and they have refused and it needs to come from my insurer – I shall go round today and tell him.

I am getting very confused with all this, please help again – I want this to resolve as amicably as possible – Is this turning into a dispute, will I have problems with selling the house.

If insurers will not pay, will I have to pay out? I could really do without this huge expense at this moment in time.

Is this really such a big problem, on my way to work today I saw many bumps in the pavement caused by tree roots which I had never noticed bfore this happening to me.

Thanks

courtjester

Hotuk

There is a distinction:

- buildings insurance which covers only your own property
- liability insurance which covers claims against you by others for damage to their property.

Your buildings cover does not cover your neighbours driveway.

However, the liability section of your policy (just to make this complicated, this is normally an occupiers liability which is covered by your CONTENTS insurance) will cover any claim made by your neighbour for damage to his property for which you are liable.

If you have a combined buildings and contents cover, the liability section will be under this, otherwise you need to speak to your contents insurers - who cover your liabilities as occupier of the premises (from which the encroachment is occurring).

On your neighbours side, it is possible that his buildings policy which covers amongst other things the driveway, may EXCLUDE payment for damage caused by tree roots or subsidence to the driveway UNLESS the main building is also affected - this could be the reason that his insurers won't provide cover.

What needs to happen is for your neighbour to provide photographs and an estimate for repairs to the driveway and write you a letter holding you responsible for the repairs due to encroachment under the drive by your tree roots - you then pass this to your (liability) insurers to deal with.