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Oak Tree on Purchase Property. NIGHTMARE!
Chrispurn
Posts: 11 Forumite
Good afternoon. I was after some advice, general validation and a place to just vent!
We're close to exchange on a property we're buying. The property in question was part exchanged by the original occupier to a property developer as they decided to buy a new build.
We're buying the property from the developer.
About 3 months ago, the developer's agent contacted us regarding an oak tree at the end of the garden. The oak tree's roots have potentially caused subsidence to a neighbouring property's conservatory. The owner of this property has made an insurance claim and the insurance assessor identified numerous trees that required removal to proceed with the claim - the oak in the garden of our purchase property being one of them.
The developer (seller) informed us that we didn't have to act, and they had it all in hand. The tree would be removed before completion and if not a liability clause would be put into the contract.
Fast forward 3 months, the tree is still there, and the developer have back tracked on the liability clause - They are now insisting that they don't want anything to do with the said tree, but as a gesture will gift us £6000 to have the tree removed by ourselves after completion (they supplied us with a quote from a tree surgeon matching the £6000 gift).
Our solicitor is very hesitant to proceed with the transaction without a liability clause written into the contract as are we and has said there appear to be some red flags.
Could anyone tell me if we're being unreasonable asking for a liability clause in the contract and the removal of the tree before completion, or are we making a storm in a tea cup over all of this?
Would there be any liability further down the line if prospectively the tree had been found to have caused further damage that wasn't identified on the initial insurance/tree surgeon assessment? Would that then become our problem, even if the tree was removed before completion?
Thank you for reading, I know it's a lengthy one. And I hope it makes sense .
Many thanks
Chris.
We're close to exchange on a property we're buying. The property in question was part exchanged by the original occupier to a property developer as they decided to buy a new build.
We're buying the property from the developer.
About 3 months ago, the developer's agent contacted us regarding an oak tree at the end of the garden. The oak tree's roots have potentially caused subsidence to a neighbouring property's conservatory. The owner of this property has made an insurance claim and the insurance assessor identified numerous trees that required removal to proceed with the claim - the oak in the garden of our purchase property being one of them.
The developer (seller) informed us that we didn't have to act, and they had it all in hand. The tree would be removed before completion and if not a liability clause would be put into the contract.
Fast forward 3 months, the tree is still there, and the developer have back tracked on the liability clause - They are now insisting that they don't want anything to do with the said tree, but as a gesture will gift us £6000 to have the tree removed by ourselves after completion (they supplied us with a quote from a tree surgeon matching the £6000 gift).
Our solicitor is very hesitant to proceed with the transaction without a liability clause written into the contract as are we and has said there appear to be some red flags.
Could anyone tell me if we're being unreasonable asking for a liability clause in the contract and the removal of the tree before completion, or are we making a storm in a tea cup over all of this?
Would there be any liability further down the line if prospectively the tree had been found to have caused further damage that wasn't identified on the initial insurance/tree surgeon assessment? Would that then become our problem, even if the tree was removed before completion?
Thank you for reading, I know it's a lengthy one. And I hope it makes sense .
Many thanks
Chris.
1
Comments
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I would insist on the tree removed before exchange, or the price reduced by £6000 so there is not doubt you will have the funds to cover it's removal.
And check there is no TPO on the tree, that might be why they are not removing it.4 -
As soon as you call to check if a tree has a TPO there could be one on it within 24 hours.
It is also now nesting season and tree removal should be halted until around September, hence the developers reluctance.
It is also foolish to think removing a tree will stop subsidence, it can make the situation worse due to changes in ground water levels. Conservatories are usually built with barely adequate foundations so I'd be reluctant to remove a tree on the basis of movement in one.
6 -
Thank you very much for the speedy reply, Dave.daveyjp said:As soon as you call to check if a tree has a TPO there could be one on it within 24 hours.
It is also now nesting season and tree removal should be halted until around September, hence the developers reluctance.
It is also foolish to think removing a tree will stop subsidence, it can make the situation worse due to changes in ground water levels. Conservatories are usually built with barely adequate foundations so I'd be reluctant to remove a tree on the basis of movement in one.
That's an excellent point regarding the TPO. I hadn't considered it. The developer are very, very cagey about giving any information away about the tree so I will check this out now.
Many thanks0 -
You may well be able to check online for TPOs without having to call anyone and potentially flag anything up - at least then you would know one way or the other.🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her2 -
Our council has a map of TPO's so you can check without anyone knowing.
Question. If the neighbours conservatory is subsiding and they blame your tree, can they legally enforce it's removal? If I owned the house and the neighbour told me to remove it I would fight it (make sure your insurance has legal protection) and if they were able to insist on it's removal i would say fine, you pay for it.1 -
The local authority I live in provides a map of TPOs:
https://www.planning.data.gov.uk/map/?dataset=tree&dataset=tree-preservation-zone#51.618185510301004,-0.180431643603697,11.521371131031186z
Oh, and if it's a conservation area, the tree is protected whether or not there's a TPO.
No reliance should be placed on the above! Absolutely none, do you hear?2 -
Leaving aside TPOs, the cost of removing a tree is fairly modest compared to the potential liability for subsidence. I'm sure that I would want an indemnity from the developers.
The real question that I would have is whether an indemnity from the developer is sufficient, as they could go bust or simply be difficult to deal with.
In addition, have you checked whether you can get insurance for this property, given the current claim?
No reliance should be placed on the above! Absolutely none, do you hear?2 -
This!^^^^^^^^^^^GDB2222 said:Leaving aside TPOs, the cost of removing a tree is fairly modest compared to the potential liability for subsidence. I'm sure that I would want an indemnity from the developers.
The real question that I would have is whether an indemnity from the developer is sufficient, as they could go bust or simply be difficult to deal with.
In addition, have you checked whether you can get insurance for this property, given the current claim?
I wanted to put this into my original post, but it would have been too much of a read! You've corroborated our fears.
We have no idea where we stand. Even our solicitor is unsure and is treating the situation with a great deal of trepidation.
1 -
Good question. Ultimately, our concerns are the potential of inheriting the liability of the subsidence, regardless whether the tree is there or not. We're actually pretty gutted the tree has to go, it's quite stunning and will ruin the vibe of the garden.ProDave said:Our council has a map of TPO's so you can check without anyone knowing.
Question. If the neighbours conservatory is subsiding and they blame your tree, can they legally enforce it's removal? If I owned the house and the neighbour told me to remove it I would fight it (make sure your insurance has legal protection) and if they were able to insist on it's removal i would say fine, you pay for it.
The house is built on London clay - apparently oak and London clay together can be quite a risk.1 -
as a gesture will gift us £6000 to have the tree removed by ourselves after completionDo you mean gift you £6K after Completion, or you remove the tree after Completion?Or both?But personally I'd walk away - sounds like huge future potential for trouble on a property you've not yet even bought.
3
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