Hampstead woman sued for £500k over garden trees 'damaging' neighbours' properties

Trees in Talia Lehmann's garden have allegedly damaged neighbouring homes
Champion News

A woman is being sued for £500,000 over claims that trees in her garden have damaged multimillion-pound homes next door.

Talia Lehmann, 80, insists there is no problem with her four sycamore trees and that the roots are not causing damage to the neighbouring apartments’ foundations.

The woman, who has owned the Hampstead property for more than 40 years, is being sued by the insurers of the property next door. This contains apartments owned by pharmaceuticals tycoon Dr Wayne Phillips, as well as marketing boss Neal Sussman.

The insurance company Zurich wants Mrs Lehmann to pay for repairs carried out in underpinning the homes, claiming to have found evidence of subsidence, which is blamed on the tree roots.

The company's barrister, David Thomas, said the pensioner and her son, Dr Eldon Lehmann, have “refused to remove any of the trees on their land” and argue a eucalyptus tree or an underground stream could be the real culprit.

“As a result of this refusal, significant underpinning works were carried out to [the property],” said Mr Thomas.

Judge Simon Monty, sitting at Mayor’s and City court, heard the row has been rumbling since 2013. Zurich paid for the underpinning work which it is now seeking to recover from the Lehmanns.

At loggerheads: Talia Lehmann
Champion News

He warned Dr Lehmann at a pre-trial hearing this week that expert evidence is needed to support his mother’s claims, adding: “Your case is that it’s been caused by a long history of subsidence, either from water through an underground stream or root damage.”

Zurich had applied to strike out the Lehmanns's defence. However, Judge Monty decided to grant them more time to put in a "properly pleaded defence" and said they must instruct a solicitor.

After the hearing, Dr Lehmann claimed the neighbours’ property had suffered from symptoms of subsidence for more than 30 years. “Our position is that there are structural reasons why this building has suffered subsidence. The experts were quick to blame our trees, yet ignored the most obvious culprit in the claimants’ own garden: a eucalyptus tree.

The disputed trees at the back of Talia Lehmann's Hampstead home
Champion News

“There are a multitude of building and structural reasons which can explain why the next door property has suffered cracking, movement, failure of retaining walls and subsidence,” he said. Zurich have obtained expert evidence from an arboriculturalist disputing this.

The case will return to court for a full hearing at a later date.

  • Update (19/04/19): This article has been amended to make clear that although Neal and Meg Sussman and Dr Wayne and Gillian Phillips are named as the claimants in this action, it is being brought by Zurich, the company which insured their apartments. The insurance company initiated and is conducting and financing the claim to recover the sums it has spent on repair works. The Sussmans and Phillips have no control over the case and had no say in the decision to bring it. We are happy to update matters.

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