Tree Root Subsidence
Tree root subsidence can happen to a property where it is built on a shrinkable soil and roots from a nearby tree grow under the foundations.
The mechanics of the damage are that the roots remove moisture from the soil in the spring/summer and as the soil dries it shrinks and reduces in volume. This change in volume under the foundations causes the property to move downwards.
Depending on the extent of this downwards movement it can lead to cracks appearing around points of weakness in the property, such as windows and door frames. Clients often first notice a problem with doors or windows ‘sticking’ in the summer. This can be a tell tale sign before crack damage occurs.
We can help if...
You have a subsidence claim but you have no insurance cover and need help in managing a third party tree owner
You have a dispute with your insurance company about providing you with cover for your insurance claim
You have received communication from someone alleging that a tree you own is causing subsidence damage
You own a tree which is causing subsidence damage but it is protected by a tree preservation order
You are a local authority tree owner and have received a request for tree removal and want to consult with residents pursuant to the Environment Act 2021 Duty to Consult procedure
Hourly Rate
- £300 per hour
- Fixed fees can be agreed on request
As a specialist in tree root subsidence and the law around all sorts of subsidence disputes, we are able to help no matter what your issue is. Whether you’re facing a legal issue or wanting to avoid one.
We offer the following fixed fees:
£600 plus VAT to make a TPO application
£750 plus VAT for an appeal to the Planning Inspectorate relating to a TPO decision
Case Studies
- Tree Law’s Client: Children’s Nursery Business Owner
- Outcome: Successful complaint to the Financial Ombudsman
Our client approach us with issues regarding insurance cover and subsidence damage. Our client is the owner of a nursery business in London. This business is run from two converted Victorian houses. Crack damage had been noticed and a subsidence claim was notified to insurers.
The insurance company rejected the claim saying that the damage had predated the start of the insurance policy and that there had been a previous subsidence claim. This was disputed through a complaints process but the insurers stood by their decision to refuse cover. We then made a complaint to the Financial Ombudsman service. The decision of the Adjudicator also came out in support of the insurers.
However we were certain that our position was correct and that cover should be provided. The previous claim was not to do with trees and there had been no pre existing damage, if the mechanism of tree root subsidence was understood. We requested this be passed to the Ombudsman for a final decision and the outcome was in the client’s favour.
This was an excellent result and has led to insurers now accepting subsidence cover and moving to repair the damage. The cost of this to our client would have been into the tens of thousands had she had to repair the damage herself. This would likely have ended her business. Instead, the position has been solved by the complaint to the Ombudsman and the insurance cover is dealing with the remedy of the subsidence damage. An absolutely delighted client.
A copy of the Ombudsman’s final decision can be found here – DRN-4764947.pdf (financial-ombudsman.org.uk)
