Your Neighbour’s Tree Causing Your Manchester Property Subsidence? Here’s How to Handle This Difficult Situation

Your structural engineer’s report is clear: subsidence caused by your neighbour’s oak tree. Now what? This is one of Manchester’s most common—and most awkward—property disputes.

Properties across Chorlton, Didsbury, and Sale frequently face tree-related subsidence from neighbouring gardens. The legal and practical issues are complex.

The legal position:

Your neighbour’s responsibility:
If their tree demonstrably causes damage to your property, they’re liable. But proving causation requires:
– Structural engineer’s report linking tree to damage
– Arborist report confirming tree species, location, water uptake
– Evidence that tree roots are extracting moisture causing subsidence

Your insurance involvement:
Your buildings insurance covers subsidence damage. Your insurer pays your repairs, then pursues your neighbour (or their insurer) for recovery.

This is called subrogation—you’re not suing your neighbour directly, insurers handle it.

The practical reality:

Friendly resolution:
Approach your neighbour diplomatically with engineer’s report. Many reasonable people agree to professional tree management (crown reduction, root barriers) splitting costs.

Cost: £500-1,500 for professional tree work versus £10,000-50,000 underpinning.

Tree preservation orders (TPOs):
Many Manchester trees have TPOs, particularly in conservation areas like Didsbury Village. Removal requires council permission—granted only with evidence of significant damage.

The relationship cost:
Legal disputes with neighbours make daily life miserable. Properties become harder to sell (buyers know about ongoing disputes).

Practical steps:

1. Get definitive evidence: Independent structural engineer and arborist reports linking tree to subsidence.

2. Notify neighbour in writing: Polite letter explaining situation, including engineer’s recommendations, suggesting discussion.

3. Involve your insurer: They’ll handle negotiations and potential legal action if necessary.

4. Consider mediation: Costs £500-1,000, often resolves disputes without court.

5. Court action: Last resort. Your insurer typically handles this through subrogation.

Manchester’s tree-lined streets create this scenario repeatedly. Professional handling, documentation, and diplomatic communication provide the best resolution path.

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