Advice on minimising subsidence from weeping willow tree in neighbours garden

I've read through the whole of this thread, and all the 'building' related stuff goes over my head.

However, if the tree continues to cause damage, and your mum has to make another insurance claim, then sooner or later (probably sooner), your mum's insurers are going to want to recover their losses from the other party (the neighbour).

I read that if the roots of a neighbours tree invade your property and cause damage, then the owner is legally liable for any costs that result.

Presumably the surveyor was sent by the insurance company? If they were, then the insurance company will have a full record of the original claim, and a report from the surveyor and the builders. That means the insurance company has an 'expert witness statement' showing that the neighbour is liable. The neighbour could be forgiven for not knowing in the first instance, but if the insurers have to pay out again for the same problem after the neighbour has been told of the problem, then the insurer is going to pursue the neighbour's insurer for the costs.

I know that's not much consolation, but it does mean the neighbour's insurance premium will go through the roof, if indeed anyone ever agrees to insure them again. If the neighbour knew this, it should serve as a kick up the behind to keep on top of the problem from their side.

 

Willows like leylandii are thugs, especially where their roots are concerned and it doesn't help that they are a protected species. Like leylandii I wouldn't plant one within forty foot of my house.

And this situation is why I reared the subject (here on GC), of making people aware of root spread, when the trees and shrubs are bought in the first place. A lot shot the idea down in flames!

 

I'll agree to Disagree too then Dai,

I've seen far more damage caused by tree roots sucking the ground dry than cracked drains turning the ground to slurry that causes the house to sink into a "soup" of clay.

The lady with the brick has probably learned all that at college so she must know so much more than me with my 30 years experience on site.

I'm sorry, but as a mod I will have to withdraw from this thread now. Sorry I couldn't have been of more help.

 

The first intense debate I have witnessed on this forum!

& it's a shame about the OP's mother's house/garden, you'd think the people next door would have offered to remove it out of common courtesy.

 

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That's exactly what I think kyleleonard, but a lot of people have a 'couldn't care less' attitude these days, unless it starts hitting their own pocket.

My neighbour is removing his 60 to 70ft leylandii hedge at the end of this summer thankfully and I will be giving him a hand.

 

Yes, the insurance company sent round the surveyor. We had him inspect a second time when the cracks reappeared but he said at the time (about a year ago) that the house was ok (no cracks appearing in the house again as of yet) and that all my mum could do was keep her garden well watered and keep asking the neighbours to trim the willow.

My mums house is probably Edwardian and is on the very top of a hill. As far as we know the foundations are ok and the surveyor checked all this when they did the job. I know the insurance company spent approx £30k "repairing" my mum's house so the £1k excess definitely was worth it. I am not sure exactly what they actually did but for that amount of money I expect that they did some preventative measures as well as fixing the subsidence cracks.

We can ask the surveyor to come again (and pay them privately) but I think we would need to open a new claim if any work needed to be done and that would mean my mum forking out again.

I will suggest she gets a second opinion from a second surveyor and that if a new claim is suggested that she relays to the insurance company what the initial surveyor has mentioned - that the tree is causing the damage. However, I would guess, judging by the responses here, that the neighbours could quite easily dispute this as being the only cause.

Thanking everyone who has responded so far.

 

Not only would they not do that, they have, over the years added "improvements" eh hum to their house which are not strictly legal. My mum has got very annoyed but never complained as she is on her own and they sort of bully her in a way. She is tired of asking them to please fix this or do that (there have been lots of things which have impinged upon her garden/house which they have either taken years to fix or my mum has ended up paying for). The latest thing is that their washing machine (they have an outside laundry room) leaks into her garden (although this might not be a bad thing in terms of keeping the garden wetter lol). She speaks to them and they agree to do something, but nothing ever gets done. My mum is 73 and she just doesn't have the energy to fight these neighbours. She also found a screw by her car and the tyre on her car had deflated so I think she is a bit weary now about complaining (there is no proof that the neighbour or their kids did this, it was just a bit strange).

 

If the house foundations stand on clay soil and the previous redial works included underpinning (re-pointing, brickwork stitching, floor levelling, joinery/plasterwork/etc. repairs, etc.), plus clayboard in case of subsequent expansion, then that underpinning should support the foundations again and again whenever the soil moisture content reduces in the future. The surrounding soil in the garden will continue to crack whenever there's a drought.

Underpinning consisting of new reinforced concrete under the original house foundations should now be supporting them, and that underpinning should go down to below the level of any tree roots found whilst excavating for it. Just how replacing clay subsoil with other material out in the garden can help reduce subsidence completely escapes me - it's what's under the foundations that counts.

A gardener is not the person from whom to be seeking advice on subsidence, that is a job for a surveyor (who should be able to spot the difference between heave and subsidence), an arboriculturist, and perhaps a structural engineer for design of any remedial works required.

The question that I would be asking is whether the design of the original remedial works (assuming they included underpinning as they cost £30K) relied upon upon the regular cutting of the tree in the adjoining garden (and outside the control of the owner of the affected property) to restrict growth (including further root growth)/water uptake to prevent further damage.

 

Have not read this thread. So perhaps my comments are already mentioned. Regarding a Weeping Willow tree, one tree on my list to NEVER plant in a yard, unless its centered in 20 acres, with no house around or piping system. In the right spot they are certainly a lovely tree. But hardly in close quarters. Besides the top growth there is the root system which is hazzardous to underground piping, house foundations etc. And its so hard to remove. Good Luck.

 

If I had to choose just one thing that really makes my blood boil, it would have to be when people pick on old ladies living on their own.

The trouble is, as my mum once found out, if you fight back, things sometimes get worse before they get better.

Sadly its not even as though its an unusual scenario. I personally know at least a couple of people who've had neighbours from hell.

Has your mum spoken to the other neighbours? Nuisance neighbours are often not just a nuisance to one person, often you find everybody around them is fed up, but they each feel they're the only ones and that they shouldn't let it bother them.

In the case of one woman I know who was in this situation, after speaking to the other neighbours and discovering that they'd had enough too, they got a petition up and passed it to the council asking them to do something about it (the houses weren't council houses, but in some situations I believe the council can still intervene). I don't know what legal process followed but the bad neighbours were ultimately forced to move.

Incidentally, drifting slightly off topic, but going some way to explaining why we should show respect for old ladies, we have the wise words of Terry Pratchett.