Tree removed years ago, by previous owners...liability?!

Fuchsia_pixie

Hello all!
Please if anyone has any guidance on this matter- I've found loads of similar but unrelated scenarios, but nothing quite like this....

We're buying a house, big house in need of doing up. When we looked around, the estate agent told us that there was some sort of issue about a tree removed years prior.
So apparently, the owners of our soon-to-be-house removed a tree in the front garden. It wasn't particularly near to neighbours- the house is detached, proper channels were followed, and it wasn't a large tree, or a protected tree. It was also a yew, which is not usually a troublesome tree in terms of roots anyway (we've looked in to this) 

some years later, the next door neighbour (block of flats, Victorian) has decided that this tree removal caused some sort of heave damage to their property. 
There's absolutely nothing to substantiate this, no detail, and actually it's really very very unlikely- not only because of the distance and type of tree, but also we've had a full structural survey on our property, and there's definitely no signs of damage/heave/subsidence. Moreover, this neighbour hasn't actually made an official claim- when I say they've decided, I mean they've clearly verbally accused the current owners, talked to the estate agents, and when we had the structural surveyor round- he told me the neighbour had come out and gone on about a tree...They've also had major renovation works on the block of flats with a scaffolding up in the past few years- (unrelated to the "heave")

Anyway....Aside from the fact that the 'claim' sounds like nonsense and I think the neighbour is chancing it, I suppose what I'm trying to find out is.....let's assume it was true and the neighbour wanted to make a claim somehow. Could the liability ever land on us? Bearing in mind that no insurance we ever take out could possibly cover something that doesn't now exist and wasn't done by us anyway- and that at the moment, this seems to be nothing more than informal discussion....I mean this happened maybe 4 years ago, we didn't even know a tree ever stood there- certainly no sign of it now....I've not met the neighbour by the way. 

We've looked in to trying to take out indemnity etc- but it seems that it can't really cover someone else's actions. And I don't know if we need it in this case. Anyone experienced similar? Or know anything about this? Surely the claim would have to carry on with the owners, who cut the tree down years ago?! Do you think the neighbour is just carrying on...maybe didn't like the previous owners?

The last thing we want is either a massive claim against us or an angry neighbour...I like to get on with my neighbours and be a mindful/ thoughtful family to live next to....

Tia if anyone has any thoughts. 

canaldumidi

If the neighbour makes a legal claim, and if the neighbour can substantialte that claim with evidence (eg sructural engineers report, arboriculturalist's report etc etc) proving that the tree removal caused damage, and can show the owners of your property were negligent, then their claim might succeed.

But I suspect (someone correct me) the claim would have to be against the property owners at the time the damage was caused.

And they'f have to be shown to have acted 'negligently' (eg chopped down the tree despite being advised by professionals not to).

So I think you're in the clear!

user1977

I can't see how any claim could attach to future owners of the property.

[Deleted User]

You wouldn't be liable for any costs, but if it turns out they were right there might be some disruption when they fix it.

saajan_12

There is no responsibility on the <owners of this property> via covenant or easement to maintain a tree there, so there is no claim on the <owners of this property>. 

Their claim might be that the work was done in a manner that damaged their property. That would be a claim against a person or company doing the work or whoever instructed the workers. 

GDB2222

Is everyone quite sure that the claim is against the owners at the time, rather than against the land? 

eddddy

GDB2222 said:

Is everyone quite sure that the claim is against the owners at the time, rather than against the land? 

As @saajan_12 says, it could only be an issue for the landowner if there is a covenant which has been breached. For example, a covenant saying that the tree must not be cut down.


Obviously, the neighbours might vent their anger at the new house owners, and maybe think that the new owners are still responsible - which might lead bad feeling, and trigger lots of petty disputes about other things in future. So perhaps that's a consideration.

carshells

Having had a difficult and irrational neighbour myself, that fact that you already know that this neighbour has made a claim that's probably unsubstantiated would be a massive red flag for me, even if it was the house of my dreams. I would forsee other issues even if this one never rises it's head again. 

[Deleted User]

GDB2222 said:

Is everyone quite sure that the claim is against the owners at the time, rather than against the land? 

You can attempt to sue anyone for anything you like, but in terms of it would actually stand up in court the question would be what is the loss caused by the current owners? You can't sue the land, only people.

Clearly if the current owner did not remove the tree then there isn't any way they could be liable for its removal, unless there was evidence that they had requested it as part of the terms of the sale or something.

user1977

GDB2222 said:

Is everyone quite sure that the claim is against the owners at the time, rather than against the land? 

Yes, I think we are. Unless you've come up with some principle we haven't thought of?

GDB2222

user1977 said:

GDB2222 said:

Is everyone quite sure that the claim is against the owners at the time, rather than against the land? 

Yes, I think we are. Unless you've come up with some principle we haven't thought of?

I just find it puzzling. If my home starts subsiding because of the tree next door, I just sue the current owners. I don’t have to research who the owners were over the last umpteen years, whilst the tree roots have been growing. 

I appreciate that this is different, because the heave has already happened. However, if it’s ongoing …

One possible solution is for the sellers to claim on their property insurance, and then to assign the claim to the buyers.