Tree Root Subsidence: Are Insurers Quietly Changing Their Approach?

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Recent media coverage suggests something is shifting in how subsidence claims, particularly those involving trees, are being handled.

In 2025 alone:

• According to ABI data, UK insurers paid out £153m in subsidence claims in the first half of the year, driven by extreme weather
• Media reports highlight a trend of insurers pushing for tree removal as the quickest fix—sparking disputes with homeowners and environmental groups
• Some homeowners are even seeing cover restricted or withdrawn in higher-risk, tree-heavy areas

At the same time, claims are becoming more complex, resulting in:

• Longer monitoring periods before liability is accepted
• Greater scrutiny on causation (trees vs drains, soil, historic movement)
• Increasing tension where trees are protected or owned by third parties
Add to this the climate factor, hotter, drier conditions driving soil shrinkage and subsidence is starting to look less like a one-off event and more like a predictable, location-based risk.

The result?

A clear move toward more defensive claims handling, heavier reliance on technical evidence, and greater need for early legal input.
For property owners and developers, this is no longer a straightforward insurance issue, it’s becoming a strategic, evidence-led process from day one.

How Tree Law Solicitors can help

At Tree Law, we specialise in the legal and technical complexities of tree-related subsidence. We support clients in building robust evidence, navigating TPO constraints, and resolving disputes with insurers, neighbours, and local authorities helping to move matters forward strategically and with clarity.

We also recognise the importance of balancing risk management with environmental responsibility. Our approach prioritises sustainable solutions wherever possible, including exploring alternatives to tree removal and advising on proportionate management strategies. Through our carbon calculator, we help clients understand the environmental impact of proposed works supporting informed decisions that align legal, technical and sustainability objectives.

If you’re dealing with a subsidence issue or want to better understand your position, feel free to get in touch with our team.

 

 

#Subsidence #TreeLaw #PropertyLaw #Insurance #Arboriculture

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Millie Freeman

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