Subsidence advice

Natalie02

Hi, we recently purchased a property (20th November 2015) and it has been proven that the councils trees are causing damage to our property. Our home insurance refused to help us as they state the subsidence was present before their policy started....

We are now in a difficult position.. The councils insurance state that they are willing to take care of the trees but not pay to repair my property.

Do we fight this all the way in court? or Do we start sorting out our property for repair from our own pockets? or do we go back to our home insurance?

Any advice would be great, we are at breaking point!

Doozergirl

Did you have a survey? What did that say?

Natalie02

yes we did, we had a home buyers survey completed and nothing showed up the report which was competed on 29th June 2015 but when we completed on the 20th November there were cracks. We contacted the home insurance who wasn't any help so was told to contact council and now we are here..

Doozergirl

The insurers and the surveyors can't both be right. It was either pre-existing or it wasn't.

I'd contact the surveyors and tell them that your insurers have flagged this as pre-existing subsidence. Put the ball in their court.

I'd call a structural engineer as well. See what they say, perhaps before contacting the surveyors.

Natalie02

we have had three structural reports completed. They have all indicated that the subsidence cant not be dated. They all seem to think my home insurance should have dealt with this.

Would I go through the complaints department for the surveyors? we have done every report that is possible..

Chanes

Surely you appeal again to your insurance company? Did you take out the legal cover option on the policy? If they become awkward you could proceed against the council, it is their tree(s) after all and the legal cover will help a great deal - if they deal with the trees I would guess they need to reduce the root area on your property as part of that? I am guessing your house is old and maybe has shallow foundations?

Furts

You viewed the property perhaps May, June 2015 so were the cracks present then? A simple question to answer. Moving forward,on completion on 20 November you spotted the cracks were there. Clearly they were obvious or you would not have spotted them. By considering this reasoning it is easy to establish the answer you require.


A Homebuyers Survey with an adjacent tree was a risky proposition. However one cannot turn back the clock. But also bear in mind fundamentals on tree growth. The time between your viewing and your completion is approximately a growing season. It is feasible the cracks were not there at May/June but had appeared by late November.


Also play Devil's Advocate - the cracks may have been present but carefully hidden, and/or the sellers knew there was a subsidence issue so wanted to sell and stay quiet.


Only you can work out which scenario may apply. Having worked this out you can then consider the strategy you have to adopt to get a resolution.

insurancehelp

Why do you not make a claim on your insurance company?
I presume you have building insurance and they will pursue whoever if there is a case to be had.

Natalie02

Hi All, many thanks for the advice and questions. No we didnt notice the cracks upon viewing, the wallpaper used by the previous owners was chip board paper and very thick. The home insurance will not help us with regards to paying for any damages as they say the cracks where pre-existing to their policy being taken out, also been through the financial ombudsman who also confirmed the home insurance isnt liable. We do have legal cover with the home insurance and I will be contacting them tomorrow now that we have proof the councils trees are to blame for the damage to our property...

silvercar

I'd suggest you post on the insurance board.

I thought that your current insurer would handle the claim, but could claim back a portion of the costs from previous insurers.

The ombudsman guide to subsidence claims may be worth a read.