Money Moral Dilemma: Should I pay towards my son's neighbours cutting down their trees?

MSE_Kelvin

This week's MoneySaver who wants advice asks...

My son's neighbours have several large trees in their front garden and the roots are slowly pushing up my son's driveway. He's told them, but they don't seem to have any intention of doing anything. I've suggested that I offer to pay part of the cost of cutting them down to encourage them to take action. My son says that the cost is theirs to bear and they'll surely realise they have to do something, yet the damage to his driveway will only get worse if he waits. Who's right?

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elsien

I’m not sure why you should want be paying for your son’s drive, either way.

If he wants the trees cutting down, then it would make sense for him to offer to bear some of the cost as an incentive regardless of any legalities.
All part of the fun of being a homeowner. 
If he wants to keep leaving it while his drive continues to get worse that’s completely up to him. He might also want to consider any ramifications from a neighbour dispute when they start arguing about who pays for the repairs to his drive further down the line.
Personally  if I were you, I’d keep it out of it. 

mebu60

If there's no TPO in place I believe you have the same rights to deal with roots back to the boundary as you would with overhanging branches. Be sure to offer them back to the owner. And try not to kill the tree or cause it to fall! You (i.e. your son) would then be liable. 

J63320

Some years ago I received a letter from my neighbour’s insurance company, saying that they had paid his claim for damage to his driveway caused by trees in my front garden, but putting me on notice that if further damage occurred they would seek compensation from me, either directly or via my insurance. They said I needed to pass their letter to my insurance company.
As it happens I was about to move house, so although I did tell my insurers and my buyers I never found out what, if anything, happened after that. But I suspect that if I had stayed in the house my insurance premiums would have gone up to cover the increased risk, and I would therefore have had the trees removed.
So one option might be for your son to contact his insurance company, or at least to look at his policy to see if this sort of damage is covered.

WorcesterParkWoman

Your son's house. Your son's drive. Your son's neighbours. Your son's relationship with the neighbours. 

Unless you actually are the neighbours, I don't see that this is yours to manage. 

Helicopter? He owns his own house! This is no Bell Ranger parent, this is a full blown Chinook!

2702

No do not offer to pay a portion. They will say why don't you pay for the lot. Suggest your son contacts his insurance company. Also can try the council.It depends on how far your son wants to take it. Take photos of damage as could end up in small claims court.Speak to neighbours again and find out what if anything they are willing to do and take it from there.

Yorkie1

Does your son have legal cover on his home insurance? That might be worth contacting if so

Erica51

Advice on line "The legal term for damage caused by tree roots is ‘nuisance’. It’s important to understand that a neighbour can be held liable for a nuisance that began before they purchased the property. To be liable, they must have had knowledge of it (actual or deemed) and have failed to take reasonable steps to rectify the problem."  However you have to live next door to these people so it is much better to find an amicable solution.

mammon

Don't know why some posters are so critical of a parent wanting to help out their child, perfectly reasonable to financially or otherwise help out your child when they are having problems.
That being said, the obvious line is, as mentioned by others, to get the son to contact his insurers to deal with the issue, and let the insurers deal with the neighbour if there is are problems.

leftfootleashed

Your son could ignore it and wait til the problem gets worse, and then go all home-insurance-small-claims-court-etc., but I think you're right to think a stitch in time could save nine.

Our neighbours across the back, to the south, had two huge leylandii which blocked a lot of light to our garden. They were under no obligation to do anything, but we had a polite chat with them, and suggested we could help with the cost of getting them removed as it was to our benefit. They got a quote from a tree surgeon, nearly a grand, and we agreed to pay a third (IIRC), and the work was done. Everything was amiable and everyone benefitted. We now get much more light and our apple trees have flourished now they're no longer in shadow, and they don't have two huge trees waiting to fall on their house (or more likely ours). This was just before Storm Arwen which brought down some even bigger poplars on the next street. Best few hundred quid we've spent on the house.

maz2702

I understand you want to help your son, but just cutting them down may not be enough depending on the roots/tree type and you say there is already damage to the drive.
He has already asked the neighbours and they are not proactive in dealing with it.
He needs to contact his home insurance company, they will deal with it and then claim the costs back from the neighbours insurance(if they have home insurance - if so non fault claim).