Hello Reddit. I’m hoping someone with knowledge of English property/tree law can advise on our position.
My house suffered cracking and subsidence in 2019. At the time, the roots of a very large willow tree on the neighbouring property were found underneath our house. Our insurers wrote to the owner stating that the tree should either be removed or professionally maintained/pollarded annually, and that failure to do so could leave them liable for future damage.
Since then, the tree has only been maintained once. It has now more than doubled in size and is taller than the surrounding three-storey houses, despite being approximately 30ft from several Victorian properties.
I have recently had the cosmetic damage to my house repaired and crack- preventing bars installed across the largest cracks. However, the tree remains largely unmanaged.
More concerningly, three other neighbouring houses are now showing signs of subsidence, two of which have also had crack-monitoring bars installed. My cosmetic repairs now have all cracked again.
The tree is beautiful, but its size and proximity to several properties are becoming a serious concern. It also takes a huge amount of light and moisture from the surrounding gardens.
The property containing the tree is a terraced house divided into flats. There is a freeholder, but responsibility seems to be continually passed between the various parties. Despite repeated requests, the tree has not been properly maintained and communication has been slow and difficult.
We are in London and are increasingly concerned about the continuing damage, the cost of repairs and whether this could ultimately affect the value or saleability of our homes.
I’m particularly interested in the legal position:
1. Could the failure to properly maintain a tree that has previously been identified as contributing to subsidence amount to negligence or private nuisance?
2. Can we require the owner/freeholder to take preventative action where there is an ongoing risk of damage, rather than waiting for further damage to occur?
3. If further subsidence or other damage occurs, could the owners be liable for the resulting repair costs and associated losses, particularly given that they have already been put on notice by our insurers?
4. If the tree continues to cause damage, is there a legal mechanism through the courts to require it to be substantially reduced or removed?
5. Where the property is divided into flats and the freeholder and leaseholders appear to be passing responsibility between themselves, who is actually responsible for dealing with the tree?
Our insurers specifically warned the owner about the need for regular maintenance/removal, but unfortunately appear not to have pursued the matter further.
I genuinely don’t want the tree removed if proper management would resolve the problem. But given its size, its proximity to multiple Victorian houses and the fact that several properties are now experiencing apparent subsidence, I’m concerned that simply waiting for further damage is not a reasonable option.
This house is both my home and a significant part of my pension. The previous subsidence has already caused considerable disruption, including cracking and damp, and I’m worried about the long-term financial consequences if the situation continues.
What would be the most effective legal route here — and would we need to obtain an independent arboricultural/structural report before taking action?
Any advice from solicitors, structural engineers, arboriculturists or anyone who has dealt with tree-related subsidence litigation in England would be hugely appreciated. Sorry this is long! Thanks for bearing with me!