Tree causing subsidence

We just received a letter this morning from solicitors representing
the insurers of a house which lies at the back of our garden.
Apparently the house is suffering from subsidence which they have
established is due to an established (cherry) tree in our garden (and
trees in other neighbour's gardens), and they are asking us to cut the
tree down.

There is a twist here. The house concerned is a new(ish) build (about
10 years old) built on what was the end of our garden (sold off by the
previous owner of our house). The trees concerned were well
established at that time. So basically, they've built this house near
some established trees, and now come complaining to us that the house
if falling down because of the trees!

Can we be forced to cut the trees down? I could see they could have a
case if we'd planted the trees since the house was built, but since
the trees were there first, it seems unfair on us (not to mention the
trees!)

I'm tempted to write them a letter and ask them to remove their house
as it's causing obstruction to the free growth of my tree's roots ;-)

Anyone been in or know of a similar situation? Can't believe we're the
first with all the back-land development that's gone on over the past
decade or so.

Paul.

.

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