Trees on Common Area causing slab heave

StateOE · Mar 19, 2019 1:09 pm

Hi All,

I have an issue where the symptoms of slab heave are see in my IP.
Large cracks in the ceiling, cracks on tiles and doors are sticking due to soil movement.

Since I purchased the property within the 7 year timeframe, I've contacted my builder who has brought out an independent inspector to produce a geotechnical report. The report has determined the cause due to uneven soil moisture caused by a line of trees that had grown near my property along the common area driveway.

I agree the trees (tall and thin) shouldn't be there and the trees weren't there when I bought the property. I don't believe the owners corporation manager planted these trees as it was never mentioned in any AGM. Initially thought it was a wild growth so never didn't think too much of it besides having them trimmed regularly by the owners corporation.

Who would be responsible for this damage given the trees are on common property? My initial thought would be the builder if they planted the seeds there at the time of construction but there is no conclusive evidence to suggest who put them there.

Do I have a claim or am I on my own here in terms of repairs?

Joker · Mar 19, 2019 8:15 pm

Don't take what builders guy as said as necessarily the truth,get your own tests done,builders always blame home owner ,every single time.

Joker · Mar 19, 2019 8:16 pm

Also post photos of trees and your house.

SaveH2O · Mar 19, 2019 8:34 pm

StateOE

I've contacted my builder who has brought out an independent inspector to produce a geotechnical report. The report has determined the cause due to uneven soil moisture caused by a line of trees that had grown near my property along the common area driveway.

Geo techs are credible engineers and tree roots don't have to go under the house foundation to cause uneven moisture levels. Google matric suction to understand this natural phenomena.

Were you given a copy of the report?

It would be extremely unusual for a builder to plant trees and how would you prove that anyway? Unfortunately, this leaves you on your own. Maybe the insurance will cover it...there is only one way to find out.

Good luck.

StateOE · Mar 19, 2019 9:31 pm

SaveH2O

StateOE

I've contacted my builder who has brought out an independent inspector to produce a geotechnical report. The report has determined the cause due to uneven soil moisture caused by a line of trees that had grown near my property along the common area driveway.

Geo techs are credible engineers and tree roots don't have to go under the house foundation to cause uneven moisture levels. Google matric suction to understand this natural phenomena.

Were you given a copy of the report?

It would be extremely unusual for a builder to plant trees and how would you prove that anyway? Unfortunately, this leaves you on your own. Maybe the insurance will cover it...there is only one way to find out.

Good luck.

Yes I was given a copy of the report.
I figured it would be difficult to prove and am quite annoyed why anyone would plant them there.

StateOE · Mar 19, 2019 9:33 pm

Joker

Also post photos of trees and your house.

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These weren't there when I purchased and the body corporate never does anything let alone plant trees.

SaveH2O · Mar 19, 2019 9:48 pm

StateOE

I have an issue where the symptoms of slab heave are see in my IP.

Are you sure it is heave and not subsidence?

The trees being on common property really needs proper legal advice as to responsibility.

REDGUM76 · Oct 10, 2019 9:50 pm

Hi There,

I have had a similar situation but went through an insurance company to claim for a broken pipe that was leaking and their engineers came back with the excuse that it was subsidence due to trees (10metres away from the house) drawing out moisture from the highly reactive soil despite my house heaving at the time approx. 100mm, I employed a expert geotech engineer who stated that in my case it wasn't the trees to have caused that amount of heave. A waffle slab should tolerate deferential soil changes according to the AS2870.
I would suggest to investigate further however looking into this with a fine tooth comb can be very expensive.

I understand your frustrations and feel your pain.....as consumers, we are not protected for our biggest investment of our lives.

Good luck

REDGUM76 · Oct 10, 2019 9:56 pm

In addition to my previous message......I will never build through a volume builder ever again, it's too heart breaking and the AS2870 recommendations are not properly followed or checked!! Just putting out there...feels good.

Harts · Oct 10, 2019 10:54 pm

The blame game. Always the home owners fault. 2 Engineers blamed trees for my 154mm out of level slab. I investigated further getting a full plumbing inspection. Sanitary pipe apart at joint where it exits under the slab. Flexible joints not used so non compliant to AS 2870. Don’t trust the builders engineers.