Letter from neighbours solicitor asking us to cut down tree?

We moved into a house last Friday. Yesterday we received a letter from a solicitor acting on behalf on our neighbours insurers (Northern Rock) stating that a tree in our garden is partly or wholely responsible for causing damage to their brick shed (which will have to be demolished).

(Our neighbours have obviously claimed on their insurance for the shed)



It's not a massive tree, but apparently an independent surveyor has said the roots of the tree go into their garden and are drawing water from the clay causing slight subsidence.



The previous owners our our property never mentioned anything about this, and I do honestly believe that they weren't aware.

The solicitor has stated that if we don't cut down this tree, then we could be liable for any further damage to our neighbours property.

I am aware that if we do want to cut it down, we have to get permission first.



Does anybody have any advice about this, especially on where we stand legally?

Letter from neighbours solicitor asking us to cut down tree?
your first port of call is your local council it may be a protected tree and it may be unlawful for you to cut it down.

if this is the case your neighbour will have the expense of getting the protection order removed this will be costly and your neighbour may have second thoughts and it will save you all the worry and cost.
Reply:if the shed is to be demolished then what is the problem, do they want to rebuild the shed if so then they will have to take steps to safe guard it.

it up to you, if your not bothered about the tree then remove it for the sake of peace but really they know of the problem if they want to rebuild the shed then its there problem
Reply:This sounds like a shot across your bow to frighten you into complying with their request.

I would ask them to prove that your tree is responsible for causing problems to their shed.

It can't have happened over night, the damage to the shed, why are they asking for you to cut down your tree now?.

The tree may have a preservation order on it, check with the local council.

Yes, trees do draw water from the soil, but other factors can cause subsidence as well. For instance, long hot dry summers, heavy rain that can affect the foundations of a building.

This sounds like frightening tactics to me. Ignore it and see what they do.

Remember, the burden of proof rests with them.
Reply:I think this is a good time to introduce yourselves to your new neighbours. Invite them in for a drink, or whatever, and discuss the problem with them.



I had exactly the same thing with my own neighbours. Their expert told them two trees in my own garden were undermining the foundations of their conservatory. I agreed to let them cut down the trees, but it didn't cost me a penny. Their insurers paid !



I reckon it is important to get on well with your neighbours, for all sorts of reasons. Use this opportunity to start off on the right foot.
Reply:I find it strange that your neighbours have waited till you moved in to do anything about this problem (what about the people you bought the house from?). My advice to you is to contact your conveyancing solicitor and ask what their advice is. It's going to cost you, either way. Best of luck.
Reply:You might find this interesting to read to find out a bit more where you stand while you're waiting to see the solicitor:

http://www.gardenlaw.co.uk/trees.html

I do think you also have to try to find out though if the previous owners of the house had also been approached about this, and maybe won.

It sounds quite a complicated situation and I don't know all the legal stuff. You will see from the above link though that your neighbour would have had the right to cut the roots of your tree that were growing into his garden and under the shed, assuming the shed isn't right up against the fence.

The letter also seems a bit odd in that your tree is either 'partly or wholly responsible' for the damage, this sounds to me as though it could be something open to interpretation.

My feeling is that you shouldn't cut down your tree unless a solicitor proves it absolutely necessary, I have some experience of neighbours being a bit funny about trees anyway, fear of them getting a lot bigger, overhanging branches, cutting out light etc. Also the brick shed might not have been built properly in the first place.

Sorry not to be able to be of more help, good luck anyway in the new house!
Reply:Your neighbour has the right to demand the felling of the tree because of the damage it's causing. But the seller of the house should have told you about the problem. I think he knew. It didn't happen overnight and he had obviously been stalling until he sold the house. Your neighbour can only receive recompense from whoever own the house, and now that you are the owner, it's your problem. But it's remiss of the seller to hide it from you.
Reply:I can give you guidance but I really think you should have half an hour with a solicitor which will cost ￡25/￡50. You must act.