Tree Roots

SharkHunter · Post by **SharkHunter** » Mon Jan 05, 2009 2:17 pm

Hi everyone, and a Happy New Year!

I'm looking for advice/information on tree roots.

I have a tree in my garden which my neighbor claims is damaging his patio and pool. I understand from my solicitor that I am liable for this damage if i do not take appropriate action.

Can anybody give a second opinion on this subject?

Secondly, in the event that I have to suffer the cost of removing the tree, can anyone advise how much this is likely to cost and recommend anynody to do the work?

Sharkhunter

widge · Post by **widge** » Mon Jan 05, 2009 2:57 pm

Be sure to get expert advice. Sometimes removing the tree and roots actually causes significantly more damage as the ground "shrinks"!

SharkHunter · Post by **SharkHunter** » Mon Jan 05, 2009 3:11 pm

Thanks Widge, I'll bear that in mind!

SJ & RE · Post by **SJ & RE** » Mon Jan 05, 2009 6:11 pm

Please get written advice from a competant tree surgeon.
You must have the tree species etc, location to house/ pool etc and that information will then lead into whether or not it will impede on the ground/ structure/ buildings/ pool etc in regards if it is;

a) left to grow naturally and would cause structural problems
b) left t grow naturally and will not cause any structural problems to property/ pool etc
c) cut and pruned on a regular basis to reduce problems or to stop further problems
d)cut down and or roots removed to stop any further problems or iliminate any structural problems
e) as above to enhance views but not an essential aspect of structural limiting liabilty.

We fell fowl of this in regards to a palm tree in our neighbours garden, adjacent to a party wall of the two properties. Despite numerous calls to the council and only getting a feeble response, we commisioned an expert, who wrote a letter to the council explaining the pros and cons of the tree species and what if any damage has or will occur and an insurance legal blurb. The result of the letter gave rise to prompt action by the council to remove the tree immediatly, a legal declaration from their insurers providing us with the paperwork to say if any structural problems have arisen or will in the future because of the tree they will pay all costs involved. Phew thank god for that.

SharkHunter · Post by **SharkHunter** » Mon Jan 05, 2009 6:39 pm

Thanks Baggy

Do you know the name/number of the tree surgeon you used?

SJ & RE · Post by **SJ & RE** » Tue Jan 06, 2009 9:38 am

Hiya, it was one in Dorset, so will be of little use to you, i expect. So if I were you and its for Portugal, try the local council dept or contact any environment agency type thing or any such groups in the vicinity. There will bound to be someone about, even in the ex pat community thats a whizz on trees etc, just try a little digging and a rooting about. oops sorry for the dig, um I mean rootless joke

Good luck

sam · Post by **sam** » Thu Jan 08, 2009 1:47 pm

We had a similar problem several years ago. It was a Palm tree near our pool and adjacent to a retaining wall overlooking a neighbouring property. The neighbour was complaining. We happened to have a friend who was a structual engineer staying at our house and he looked at it and gave us an informal opinion that it would be best to remove the tree. The wall had moved slightly. Damage to our property and the neighbours may have been considerable, but the damage suffered from shrinkage has been minimal.
Cost wise - we could have bought a new mature palm tree for the cost of removal, backfilling and retiling, but it was worth it. We now have plants in large pots in that area.
I was advised that any costs could have been awarded against us and lodged against the property, not us personally - this could cause problems if wanting to sell and hadn't paid them.
I would advise getting independent advice - every situation is different according to location, type of tree and possible damage to property and injuries to people. If you decided not to act this could invalidate your insurance so you may need to discuss or hand it over to them.

SJ & RE · Post by **SJ & RE** » Thu Jan 08, 2009 2:38 pm

Hiya Sam, basically what I put in in the above correspondence. If its in or on your own land you are liable inso much as your property insurance has to be so. Hence as our problem was from someones elses palm tree on their property, it was their insurance policy which would have to cover any damage to our property, land etc. However as the other property was a housing association owned property I got it covered by Magna Housing.