Home Neighbour planting trees:Possible subsidence and related insurance issues?

[eiko]

Hi,

Don't know if there are any insurance people who might be able to help me here.

Our property boundary is shared by a large farmer. When we moved in, the plot beside us was planted by evergreen trees which have since been harvested.

About 18 months ago or so, he replanted, this time with oak saplings. The nearest saplings to our house are approx 12 feet and to our brick built shed, 5 feet.

We contacted the authority responsible for paying the grants for planting and the man in charge of our area came to take a look, expressed his dismay, spoke to the farmer and asked him to remove them to at least 40 feet from the house.

One year later and it hasn't happened. We've been in touch with the man from the tree grant authority again and he said he'll visit again but I'm not sure how much influence he'll have over said farmer.

My question is, if a neighbour is planting potentially subsidence causing trees, is there anything our insurance company can do? Or maybe I'm barking up the wrong tree (excuse the pun) and should be thinking about talking to the bank? Or will we just not be able to get insurance in years to come?

It's a long shot but any opinions would be appreciated.

Thank you.E

 

[Claimsman]

Really this is not so much an Insurance issue as a legal issue with your neighbour. If the trees are causing a nuisance or are likely to cause a nuisance, then in tort, you may have an action against your neighbour. I would advise that you speak to your solicitor.

Check your policy, it may transpire that subsidence cover for outbuildings may be not be in place unless there is damage to the main house by the same cause at the same time.

One point of caution. If you are aware that there is any factor that will increase the liklihood of damage to your property, you must disclose this to your insurers. Underwriters, if they are aware of an increased chance of subsidence, may restrict your cover in this regard. Therefore, if you instigate a case against your neighbour on the basis of possible subsidence due to the trees and subsidence later occurs for which there is cover under your policy, Insurers may decline your claim for subsidence on the basis that you did not disclose the increased risk. They may even cancel your policy ab initio. I have come across similar situations where this has happened.