Briefly, Our 80 yrs old sycamore is accused of causing damage to neighbours garage (we are on a clay soil in UK). Garage has been monitored since 97 'and there has been a slight closing of the cracking to the garage since monitoring began. The cracking to the garage has been stable since that time' (Quote is from their engineer's report.)
The tree has a TPO on it, and with advice and permission we have had it crown reduced as it is only some 15ft from garage (which is 26yrs old).
Problem is now garage's insurers are reneging on ABI agreement and have served legal notice of
intention to hold ourselves and our insurers liable for any future damage.
Garage owner has also had a considerable shale problem to his house.
Any advice please, we are certain neighbour is more concerned at getting tree removed than effect on his garage, and to that effect has already removed two lots of engineers who recommended the tree stay.
Many thanks.

Reply to post by Ruby Cave, on March 30, 2001 at 15:11:34:

Hi Ruby, I just read you message here and I understand your predicament. However, the board you have posted the question on is pretty much an American board. Folks over here don't generally understand such things as TPO'S and how they work, I only understand them as a Brit moved over here. There are a couple of sites over there ( basically all Brits), who could probably give you better advice legally than most folks over here could. You could try "www.aie.org.uk" They may have better insight into resolving your problem, Good Luck, James

Reply to post by James Causton, on March 30, 2001 at 15:11:34:

James, thanks so much for your time and reply, I will try what you suggest, much appreciated.
Ruby

Reply to post by Ruby Cave, on March 30, 2001 at 15:11:34:

As the garage was constructed after the tree, there is an argument for suggesting that the presence (and position) of the garage in relation to the tree should have been taken into account at the time the garage was constructed. You have evidence from the engineer's report that damage appears not to be getting worse. Monitoring should be continued (particularly over dry periods. The plastcicity index of the surrounding soil should also be determined. Check also for leaking drains, topography of the site(sloping ground?) which may have an effect on swelling or shrinkability of the soil). Also check on past history - i.e previous owners of garage - have the problems of damage been long standing, and if so were they rectified properly. Give copy of current report to your Insurer, and suggest that they carry out their own assessment. Finally, avoid excessive or unecessary pruning - it is unlikely to be a long term solution

Good Luck

Regards,
Chris Hudson

Reply to post by Ruby Cave, on March 30, 2001 at 22:26:57:

Dear Ruby

For more details on your situation, please contact the UKTC discussion forum - stacks of info on subsidence related cases - trees and law etc..

uktc-owner@oak-wood.co.uk.

Cheers

Paul H.