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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a dispute at present over the roots of a crab apple

Resolved Question:

I have a dispute at present over the roots of a crab apple tree causing subsidence to a conservatory which was built at least 4 years after the tree was planted
A survey was carried out via a bore hole which identified two roots of a apple tree of 1mm diameter in size
I have tried to resolve it by discussing with builders/tree surgeons/landscape gardeners and have discussed with the loss advisor and also sent emails to him
The only solution he wants to accept is the removal of the tree although everybody I have spoken to say the real problem is the very shallow foundation of 250mm instead of the standard recommendations of 1000mm
We do not want to remove the tree
Any suggestions?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

On what basis do they not accept the finings please?

What have your insurers said?
Alex

Customer: replied 1 year ago.
they believe that the standards identified do not apply to conservatories. I have not contacted my insurers yet
Expert:  Ash replied 1 year ago.

Do you accept the findings of the survey or dispute it?

Customer: replied 1 year ago.
I accept the findings of the survey but do not accept the analysis that one millimetre roots are to blame for the subsidence
Expert:  Ash replied 1 year ago.

Ok - I would speak to your insurers, they may take this over. That is the whole point of having insurance, that they could deal with this dispute.

The alternative is to get your own survey. Once you have that you can see what your own expert says. If that expert says the roots are to blame then you know you have a problem and need to do something about it.

But dont be fooled - although roots are very small they are very very powerful. They can cause cracks in houses etc over time. But the starting point is to speak to your insurers and in the alternative get your own survey.

If you do not get another survey your neighbour could take this to Court and provide this for the use of the Judge who may also form the view it is the roots, as that is what the expert has said.

Can I clarify anything for you about this today please?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I will get in touch with my insurers
Thankyou
Expert:  Ash replied 1 year ago.

Good luck. Alex