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

Seakay

Your son has no right to tell his neighbours to cut down their trees. I found this regarding roots: https://www.rhs.org.uk/plants/types/trees/the-law

Can I cut off roots growing into my property?
Yes. You have the same rights (and liabilities) as for cutting off branches. And prior consent from the local authority is required if the tree has a TPO or is within a Conservation Area.

What if the tree falls over after I cut the roots?
As well as rights, you have the same liabilities as for cutting off branches. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. Thus it is important to exercise reasonable care before cutting any tree roots and seek professional advice for anything but the most minor work.

jennifernil

What is the surface material of the driveway?     If it is block paving, it is quite easy to lift the raised blocks, locate the roots in question, and sever them, removing any bits that are right up under the blocks.    Then restore the bed of sand and relay the blocks.

Our neighbour has Leylandii right on the boundary, and although they are regularly trimmed, my  OH has to do this with our driveway every few years.

Steve_Rich

If his neighbour's tree is damaging his property, that's one for his insurance company or solicitor. It is up to the neighbour to remedy the situation at their / their insurer's cost.

Just to pick up on another post: we (and our next door neighbours) once got a letter out of the blue from a claims management company (CMC) who said our trees had damaged an outbuilding a considerable distance from the tree. Despite expert proof it was highly unlikely, the CMC persisted for 2 years, with rude and increasingly abusive letters.

Guess what: when we asked them to provide an actual legal document, "Settlement Agreement," they spouted some rubbish about "it isn't possible as things change" and we never heard from them again.

1) The offer of a "Settlement Agreement" is something a court absolutely requires before it will consider hearing a case. So any threat of legal action without offering one is a hollow one.

2) These CMCs make money by buying cases from insurance companies, hoping you will cave in, then - no matter what they tell you otherwise - approaching your insurers behind your back and saying that as you caved, they should pay out.

If you get a CMC letter and the building damage is not under the tree's canopy, 99.9% chance it is doing no damage at all. Ask for that "Settlement Agreement" and if you don't get it, you can stop stressing.

RickyAH

My elderly neighbours conifer roots infiltrated our drains, so I asked politely  for her to take them down, which she did. The  new neighbours subsequently planted conifers in the same area, we don't get on, so I haven't said anything.
Hopefully in 30 years it will be a problem for our new owners as we will be long dead by then.

ButterCheese

Don't do the work for them, it could all backfire.  It's clearly the neighbours problem and them ignoring the issue is not a resonable response.  Your son needs to take it further.  I was on the other end of the situation with Bamboo, which was a nuisance before we moved in, but we still had to take responsibility and pay for its remova.  Don't let anyone get away with ignoring your son when they have responsibilities to remove this tree and prevent further damage

Rocketdogroya

Not ever homeowner has available cash, especially if he is a new first time buyer. I bought my first home and worked out I was left with £25 a MONTH spare after all the bills were paid and this was in 2005 before the housing market went crazy, so maybe the son cannot pay himself and his parents want to help? If he is just entitled though, no they shouldn't help. Own home=own two feet to me. Except in exceptional circumstances. in 2008 my OH dad was dying and he lived in NZ. my mum loaned us the money for his plane fare. We did pay it back though.

As for the roots, I would see what his house insurer says. as he does have some legal standing as it is classed as a nuisance.

jedav

A friend had subsidence as a result of trees planted by her longstanding neighbour.  The friend's insurance company dealt with it, and with the neighbour, including cutting down the trees.  Insurance companies have more clout than individuals.  However, even if the neighbour/their insurer is forced to pay, it is likely that this would affect the son's insurance premiums for some years.

I can see why you would consider paying for it, as you are concerned that it needs doing. However, that could set a precedent with the neighbour.  If you decide to pay, you would be wise to get some form of waiver from them that you would not be liable for future problems with the trees (i.e. using a solicitor).  Of course, they would probably refuse.

Also consider that, depending on the type of soil the property is on and the size of the trees, sudden removal might cause heave. 

Annemos

I came across this FOS case recently. I don't believe neighbours can be forced to cut down their trees.

They may offer to do just maintenance instead....... 

But this case illustrates some of the problems, when Tree Root cracking has extended to damage an actual home. 

Also,    jedav    makes a good point, re mentioning that a Heave assessment does also need to be done before any tree is removed. Heave can typically be an issue, if a Tree that is older than the Property is removed. 


https://www.financial-ombudsman.org.uk/decision/DRN-5888214.pdf

Jemma01

I agree his insurance should be involved, but I thought building insurance wasn't mandatory except if a mortgage exists, so they might not have insurance. 

If they have insurance, let your son trigger that. If there's none, then your son needs to find a solution with them. I'm having two experiences, 

1) one where my neighbour cut the tree because it was dead and chances of falling on our properties, he removed it very nicely. It was causing damage under the building.

2) I'm about to offer to share fixing my neighbour's fence, and it's part broken and part I want it higher, so I'm offering 50/50 as I'm benefiting and able to drive the decision.

Your son's situation is exactly scenario one and I don't think he should pay, but force the change through insurance. Shame it might increase his premium.

Pollycat

They are not your trees.
It's not your drive.
Why do you think that offering to pay part of the cost of the tree cutting will encourage the neighbours to take action?
You've already said that they have no intention of doing anything.
They'll likely snatch your hand off if you offer to pay in part.

Of course the damage is only likely to get worse (it certainly won't get any better).
I'd be worried about buried services.

Your son is an adult.
Leave it to him to sort out.