Tree Trouble

TJ27

daff_duck wrote: »

I only found out about this last week. I phoned to tell my insurers and they cancelled the policy.

Crikey. So if it burns down tonight, you lose your house!!?? I'm staggered that they could do that.

I understand your concern!

As courtjester says, it's usual for the company who sorted out the insurance work previously to continue insuring you.

daff_duck

They won't because I took my own insurance when I bought it and it wasn't with them.

courtjester

Very difficult. Various options, all messy.

Go back to your existing insurers and ask them to reinstate cover immediately excluding the subsidence peril - although there is a question of whether they are liable for cracking which has occurred prior to and up to the cancellation - you were unaware when taking out the policy of any under-pinning work I assume and hence answered the proposal form questions about past damage to the best of your knowledge - of course if you were aware of the previous damage /under-pinning and failed to declare this, you have no ground for complaint. You need to get the property covered at very least against fire.

Go back to the previous insurers and advise them that you will be claiming for failure of the under-pinning works they presumably authorised - there could possibly be some form of guarantee, but this might be subject to the structural engineer's recommendations about tree removal being completed, which it sounds like didn't happen.

Potentially institute a complaint with the ABI or Ombudsman that between the old and new insurers, they are refusing you legitimate cover for damage which has occurred during the period(s) of cover offered.

Notify the council that damage is occurring to the property which may be due to encroachment onto your property from the tree - for which you hold them fully responsible - and ask them to refer the matter to their insurers /finance department for handling and to contact you.

daff_duck

I already hve asked they say no.

Yes, I was completely unaware of this until last week.

Regarding the council what will refering to their insurers/finance department do?

.

courtjester

The owner's of trees have a duty to ensure that they do not cause a nuisance (damage by encroachment) to adjoining private property. Hence if proven, the council will be liable for part or all of the costs of repairing your property. So you are making a legal claim against them as the owner responsible for maintaining and controlling the tree. Depending on the council, this may be insured or financed by the council, either way contact their Finance Department to open correspondence on your claim against them for liability.

From another thread - this link might be useful to track down possible insurer for your property:
http://www.subsidencebureau.com/previous_subsidence.htm

elvis_girl

I didn't think insurers were able to just withdraw cover like that, I thought they just wouldn't renew the policy. Is this right?I think I also read somewhere that your mortgage provider had to insure you as you can't legally have a mortgage without buildings insurance.

daff_duck

I just found out there is no garantee still in force for the origional underpinning. The engeneers report says that the chestnut tree will continue to cause problems if not removed, this was back in 1989. We have looked more closely and found cracking along the same area, this would not have happened if the tree had been felled back in 1989. I have managed to get insurance, at a huge inflated premuim, my next task is to try and get council to ramove the tree. But what do I do about the new cracking?

daff_duck

courtjester wrote: »

The owner's of trees have a duty to ensure that they do not cause a nuisance (damage by encroachment) to adjoining private property. Hence if proven, the council will be liable for part or all of the costs of repairing your property. So you are making a legal claim against them as the owner responsible for maintaining and controlling the tree. Depending on the council, this may be insured or financed by the council, either way contact their Finance Department to open correspondence on your claim against them for liability.

From another thread - this link might be useful to track down possible insurer for your property:
http://www.subsidencebureau.com/previous_subsidence.htm

I have spoken to council and they will remove the tree, however with regards to the new cracks, they say I have to claim on my buildings insurance! This in turn will put my premiums up even more on renewal. Do you think I have a good case for them putting my property right?

elvis_girl

Poor you Daffy what a mess. I suppose you have no way of knowing why the original owners didn't sort the problem if they went to the trouble of getting an engineers report. How come this is only an issue now? I had to get an engineers report for some cracking to my property & the mortgage company insisted that I send a copy of it to my insurers.
I think the best thing to do is probably get your own engineers report as to the cause of the cracking. It costs about £300 but at least you will have fresh information & he will be able to tell you what remedial action is required. Also you'll have something current to tackle the council with.

daff_duck

elvis_girl wrote: »

Poor you Daffy what a mess. I suppose you have no way of knowing why the original owners didn't sort the problem if they went to the trouble of getting an engineers report. How come this is only an issue now? I had to get an engineers report for some cracking to my property & the mortgage company insisted that I send a copy of it to my insurers.
I think the best thing to do is probably get your own engineers report as to the cause of the cracking. It costs about £300 but at least you will have fresh information & he will be able to tell you what remedial action is required. Also you'll have something current to tackle the council with.

This house was my fathers and I bought it after he died from the rest of my family, I didn't get a survey done. I only came across these old documents last week and realised what had happened, so being honest, I rang my insurance to tell them and thats when it all started. According to one letter it states that my father was in discussions to get the tree felled but I don't know why it never was. Even the council guy said these trees have been on the list for felling for years as low priority. I asked why it wasn't done at the time and he had no answers for me saying all the correspondance would have been archived or even destroyed by now. He claims the old South Glamorgan council should have seen to it but because it is now The Vale Council he cannot help.