We have just started a house extension and when the boundary fence was taken down the buildings regulations officer has highlighted that there is a cracked willow tree in the school garden about 5 ft from our boundary. We have had to stop our build and consult an engineer to replan a raft foundation system. This has put a substantial amount on to our build cost. We have contacted the school, but have not heard anything back from them. Ideally the tree needs to be taken down as it potentially has an impact on the whole of our house foundations, if not now, then in the future. Who is liable for this and can we claim the extra cost of our build from them if they do or don't remove the tree? Also do we have to tell our insurers and potentially what would they do? if anything?
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You may need to consult a lawyer on this one. If the roots are from their tree, it would seem that it is their responsibility, but that is not always the case. The lawyer would advise about informing insurance, too.
Be careful with this one! the property in question is on school grounds which is through the state. Contact a real estate lawyer,you do not want to make the wrong decision on this matter,that would cost you triple!!!
This is a must ask for a lawyer and potentially getting your state represenative involved since the tree is on school property.
You can find your state rep by putting your town name into Google and the phrase "state representative". Most have local offices and staff that are very helpful. You could talk to them first and then if you need a lawyer and don't have one, they can help you find good legal aide.
Post back with an update! Sounds like such a stressful situation. Hope you can resolve it quick and easy!
You should contact the city school district and ask them about this tree. I would also contact a lawyer and see what they suggest. If you can't afford one you can try going to legal aid to see if you qualify.
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