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Tree removed years ago, by previous owners...liability?!
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GDB2222 said:
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.
No, that's not really correct. You would only succeed in suing somebody if they were negligent.
Damage to your house doesn't automatically mean that somebody has been negligent.
Examples of negligence would be:- A reasonable person would have foreseen that their tree would damage your house, and they did nothing about it
- A professional warned them that their tree would damage your house, and they did nothing about it
- You warned your neighbour that their tree was damaging your house, and they did nothing about it
One possible solution is for the sellers to claim on their property insurance, and then to assign the claim to the buyers.
There's nothing to assign to the buyers. The buyers don't have any liability.
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