MacGeagh, who says he had several “problems” with the neighbour beyond the roots of the trees, began his fight by hiring Dr. Giles Biddle, a well-known cultural advisor, to advise him. Biddle claims the damage has other causes, while MacGeagh claims that even Hiscox`s rival expert is not 100% sure that the cracks came from his tree roots. “There is no evidence that my tree caused any damage. It`s convenient to blame him,” he says. My report from Biddle says there is movement throughout the house and not just near the roots. This indicates more than tree problems, as the roots could not extend to the whole house. My surveyor was denied access to check what was coming. The movement of the ground can affect the land on which a building is located, under its foundations. Heave, landslip, subdivision and subsidence can cause damage to a property and upset its owners or occupants. The first sign of subsidence is usually the appearance of cracks in the walls of your home, either inside or in external masonry. The sagging cracks are very different from other cracks. They usually occur suddenly, especially after long periods of dry weather, and tend to do so: to deal with these situations, the Association of British Insurers (ABI) has published its National Subsidiarity Agreement.
If you subscribe to this agreement, you must circumvent changes in insurance rights: the agreement does not apply to legal action against local authorities or non-national landowners. MacGeagh is facing a demand of more than 9,000 $US, which came when the neighbour of an investment property he rented complained of a crack in one of its walls. The neighbour blamed a mature chestnut tree and other trees near their common fence for damage to his home. In July 2001, Mr. and Mrs. Khan purchased a house in Stanmore, Middlesex. Mrs. Kane lived next door. In the garden of Mrs.
Kane`s property, there was an oak tree 10 metres from the Khans` house and a 10-metre-high cypress hedge at the border, which was only half a metre away. If the customer was aware of reductions when the new policy was taken over, but did not disclose them, the current insurer may still be able to cancel the policy due to substantial non-disclosure. If you have signed the Domestic Subsidence Tree Root Claims Agreement (from the Association of British Insurers), you cannot take legal action against national tree owners for sagging or heave by tree roots. But if the owner was aware of the problem and do not take appropriate preventive measures, the signatories can take recovery measures. Most of the new buildings will be installed within the first few years of construction. This sometimes results in over-construction cracks and concerns about cuts. However, as long as the building moves evenly, there should be no structural problems or serious damage. Afaik, liability/responsibility begins as soon as the tree owner is informed that the tree is causing subsidence at the time of landfilling.
That is, after an appropriate investigation. Even if not all subsidence problems can be avoided, some simple steps can be taken to protect your property and avoid long-term problems when you live in an area of clay soil: you may look half dead right now, but the recalcitrant trees in your garden could be ruinous when spring returns.