Oak Tree on Purchase Property. NIGHTMARE!

koalakoala

I too would walk away

Chrispurn

propertyrental said:

as a gesture will gift us £6000 to have the tree removed by ourselves after completion

Do 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.

I don't think I was particularly clear with my initial post, apologies. It's hard to convey all the nuances without babling and being inconcise. 

Originally the solicitors on both sides were angling towards the removal of the tree AND a non liability clause (in our favour)to be written into the contract before completion. This was months ago. 

(Believe it or not, conveyancing started in October 23, it's been a long, drawn out, stressful experience!)

We have been waiting for the wording of the contract to be finalised regarding this matter and thought it was in the bag until yesterday when the seller's solicitor informed us about the £6000 gift. Talk about changing the goal posts!

Linton

Surely a large "quite stunning" oak tree is likely to have a TPO.  If so there may be real problems finding someone reputable to remove it without council permission.

I am not a lawyer but is it not likely that the tree was there long before the subsiding conservatory was built and so any claim that the tree owner is liable seems questionable.?

Linton

PS A further point:  AIUI removing a well established tree can itself cause subsidence problems due to disturbance to the water table. Perhaps worthwhile to get advice from a qualified tree surgeon.

theoretica

Linton said:

PS A further point:  AIUI removing a well established tree can itself cause subsidence problems due to disturbance to the water table. Perhaps worthwhile to get advice from a qualified tree surgeon.

Exactly this - how old is the tree?  And how close to your property?  You really don't want to remove a tree and then discover you have caused damage from heave.

Chrispurn

theoretica said:

Linton said:

PS A further point:  AIUI removing a well established tree can itself cause subsidence problems due to disturbance to the water table. Perhaps worthwhile to get advice from a qualified tree surgeon.

Exactly this - how old is the tree?  And how close to your property?  You really don't want to remove a tree and then discover you have caused damage from heave.

We have no idea how old the tree is. The property we're buying is 1930, so I would assume the tree is circa 1940/50 looking at it's size. A Chartered Arboriculturist has already carried out a report, and the removal of the tree in our purchase property's garden was one of the three trees identified as being a potential cause of the subsidence. The Arboriculturist's recommendation was to have it felled. 

GDB2222

We live in a conservation area, and planning consent is required to remove any trees larger than a sapling. There’s been an ongoing planning application for the last two years over one particular oak tree. That’s despite the tree causing subsidence to several surrounding properties. I’m pleased to say that the tree has won! 

I think the plan is to trim the crown of the tree and install a copper root barrier. The figures being bandied about in the planning applications came to £300k iirc.  And, that’s just for the house with the tree in the garden. It doesn’t include neighbouring houses.

I have no idea what that will do to insurance premiums, as the tree is still there and will hopefully continue to flourish. 

FreeBear

So how far from the properties is this tree ?

And do you have a rough idea of the diameter of the main trunk (this would give some indication of age) ?

Chrispurn

The tree is 13m from the neighbouring property it is affecting and 36 meters from the house we're buying. Here are some pictures of the tree...

GDB2222

It’s still young. It’s got loads of growth potential.