My neighbours have subsidence. Their insurance company is blaming my trees in my garden and have a structural engineers report backing up this claim. We need to remove our trees which is going to cost us £500 and then it is going to cost us a considerable amount more to make the garden looking good again. The trees are a major part of the garden which in turn is a major selling point of the house.I feel my house will be devalued if I go ahead and remove the trees. Do I have any legal position on this. Can I legally not remove the trees without being liable to any future subsidence in my next door neighbours property. If I remove the trees and the subsidence continues, can I sue them for loss of value to my property?RegardsToby
Province/Country relating to question : UK / London
Thanks for your question. Please remember to click ACCEPT once you get my answer.What you need is another independent report conducted by yourselves.If this new report states the trees are the cause of the problem - then you have difficulty.This is because if there are future problems you could be sued for negligence. That is because if you were aware of the problem and did nothing about it and it caused further issues, they could claim against you.If you have the report and it states the trees are not to blame then yes, you can refuse to move it and they will not have any recourse to you.So it depends on what this new report states. Please remember to click accept so that I am credited for my time. Thank you.
Called to the Bar in 2007
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).