Home Insurance

We had problems in 2012 where the tree roots had blocked my drain and we had foul water running down our drive. Our neighbour initially agreed to remove the tree but changed his mind. 

It is now around 9.5 metres high and is causing even more damage. The wall has now cracked and a CCTV survey showed the tree's roots have entered my drains. Our tarmac drive is lifting due to the roots spreading under the wall, which we have confirmed with an arboricultural survey which cost us £450. 

From what I understand, re-laying the drive could cost more than £8,000 and repairing the wall could cost around £2,000. My home insurer says I could make a claim against my neighbour for this, but I have to prove the damage is caused by his tree. A structural engineer report could cost over £500.

The insurer also said they would only take the case on if it considered that the chance of success was more than 51 per cent.

I also gather that as the tree roots have entered my property, trespass could be at play. What do I need to do to make sure any claim is successful?

Jane Denton, of This is Money, replies: It is your neighbour's duty to ensure the tree does not damage your property. 

Your neighbour has known about the problems caused by the tree from as far back as 2012, yet failed to take any steps to stop the damage. 

You have already amassed significant evidence to provide to your insurer supporting your case. 

Given how far you have already taken the matter, it could be worth paying the additional £500 for the report from the structural engineer to determine how much and what type of damage the tree has caused.  

Phone your insurance provider again and get them to provide a comprehensive list of the evidence they would require from you. Your home insurer can pursue a claim against your neighbour, but only if your neighbour is legally negligent. 

The key issue is proving that the tree is responsible for the damage, and it sounds as though you have taken several sensible steps towards doing exactly that.

A CCTV survey has identified roots entering your drains, excavations have revealed roots extending beneath your wall and driveway, and you are obtaining expert reports from an arboricultural consultant and structural engineer. 

These are precisely the types of evidence insurers and courts look for when determining liability.

Your next step should be to provide your insurer with a complete bundle of evidence, including photographs, CCTV reports, expert findings, repair estimates and copies of any correspondence with your neighbour. 

Ask your insurer whether there is any additional evidence they require before deciding whether the claim has a reasonable prospect of success.

You are correct that tree roots crossing onto your land can amount to a trespass. 

In addition, where a property owner knows, or ought to know, that a tree is causing damage and fails to take reasonable steps to prevent it, they may be liable in nuisance.

So here’s our guide to getting the biggest bang for your buck when booking winter sun getaways over the next few months.

We’ve trawled the best-value offerings and picked the cream of the crop. By trying somewhere you may not have considered such as Cape Verde in the Atlantic Ocean, The Gambia in West Africa, India, Sri Lanka or Tobago, in the Caribbean, you can enjoy a getaway without breaking the bank.

And if you stay for a fortnight, the price per day drops away, with hoteliers offering discounts, especially if you pick off-peak weeks. So if you want to be a canny long-haul traveller this winter, read on...

Jet away to Boa Vista, Portuguese for ‘good view’, on the Atlantic archipelago of Cape Verde, with its wonderful rolling dunes and some of the best beaches in Africa (Cape Verde is considered part of the African continent, despite being 280 miles off the coast of Senegal).

It’s perfect for a sun-lounger break and you’re guaranteed sunshine galore with average daily highs of 24C-27C (75F-80F) to from November to February. The more active can go snorkelling or try kitesurfing.

Boa Vista is 19 miles from top to bottom and 18 miles at its widest. Base yourself in the resort town of Sal Rei on the north coast at the three-star Hotel Estoril, which has a pool, windsurfing, canoes and bike rental – plus comfortable, simple rooms and a massage centre.

PRICE PER DAY: £59.

SRI LANKA ON A SHOESTRING 

Around seven miles south of central Colombo, Sri Lanka’s capital, you come to the peaceful suburb of Mount Lavinia, which is next to a ‘golden mile’ of sandy beaches and is dominated on the shore by the Mount Lavinia Hotel, which sits on a rocky promontory.

The hotel was built in the early 1800s as a residence of Sir Thomas Maitland, a British governor of Ceylon, as Sri Lanka was known during colonial days; the name ‘Lavinia’ derives from his mistress Lovina Aponsuwa, a local dancer. It is a tranquil spot with a pool on a terrace facing the Indian Ocean, modern rooms, a spa and a restaurant down by the sands.

The architecture is neo-classical and the hotel is set in smart gardens. Restaurants and bars are a short walk away – and the temples, museums and tuk-tuk tours of the capital are within easy reach.

PRICE PER DAY: £71.

TEMPTING TOBAGO

Expect hummingbirds hovering by your hotel terrace and rich tropical surroundings on this beautiful sister island to Trinidad.

At less than 2,000 square miles, it’s easy to explore with highlights including hikes in Main Ridge Forest Reserve (home to 220 bird species), the 54m Argyle Waterfall (with a beautiful bathing pool), colourful, down-to-earth fishing villages, the bustling capital of Scarborough, reef-snorkelling, quiet bays and sandy beaches.

Base yourself at Bacolet Beach Club, a five-minute taxi from Scarborough, set on a private bay with three pools, two rum bars, a charming restaurant and a spa. Rooms come with balconies, most facing the sea.

The daily high from November to February is 28C-29C (82F-84F.

PRICE PER DAY: £103.

ST LUCIA SAVINGS

For lively nightlife in its many late-night rum bars playing reggae and Calypso music – with a famous Friday night ‘Jump Up’ street party each week at neighbouring Gros Inlet – Rodney Bay on the north-west coast of St Lucia is a fun choice.

It’s set around a man-made lagoon, with the most popular stretch of sand on St Lucia, Reduit Beach, plus a marina, lots of restaurants/street-food stalls serving traditional Caribbean food and the Splash Island Water Park.

You can relax after enjoying your nights out at the Coco Palm family-run boutique hotel with its large central pool set in a quiet, well-tended garden, pleasant poolside bar, gym and smart, minimalist bedrooms.

Book it: A fortnight is from £1,649pp B&B with BA flights from Gatwick (love holidays.com).

PRICE PER DAY: £118.

GAMBIA FOR LESS

This tiny, narrow country, following the River Gambia and bordered on each side by Senegal, is a birdwatcher’s dream – featuring no fewer than 621 species.

Boat trips along remote creeks offer a chance to see birds close up, while another popular attraction is the Kachikally crocodile pool in Bakau (home to dozens of the creatures).

Other days out include visits to traditional fishing villages to watch catches being brought in, shopping at the craft market at Bakau and trips to cultural centres to learn about the slave trade at Juffureh and Albreda.

Set by the beach at Kololi, the most popular beach resort, with its lively bars and restaurants, Senegambia Beach Hotel – offered by The Gambia Experience, the specialist operator that can organise excursions – has good-value rooms with balconies or terraces, a large pool and swim-up bar.

PRICE PER DAY: £81.

LOW-COST KENYA

Enjoy staying by a beach facing the Indian Ocean and also being able to join day trips to see wildlife including lions, elephants and zebras at Tsavo East National Park while basing yourself in the Kenyan resort of Mombasa.

You can visit Watamu Marine Park to go snorkelling and canoe through mangroves – or embark on intriguing tours of Mombasa’s old town, dating back more than 800 years.

Particularly well-priced packages to a selection of hotels are offered by Loveholidays. Cocoa Luxury Resort, Nyali, comes with three pools, a poolside bar, a driving range, spa and plain but spacious rooms with balconies/terraces. A decent spot from which to explore the coastline – or simply relax by the golden sands.

PRICE PER DAY: £98.

DOMINICAN DREAM

It may be famous for its all-inclusive resorts, where some guests never leave the confines of hotels for their entire stay (and there’s nothing wrong with that if you’re just seeking relaxation in the sun).

But the Dominican Republic is an interesting country with national parks such as the Three Eyes National Park (with its curious limestone caves) and the remote Parque Nacional Los Haitises to explore, plus hikes on Pico Duarte, the highest mountain in the Caribbean.

There are also plenty of remote beaches and the colourful capital, Santo Domingo, to visit.

It is the oldest European-founded city in the Americas, with a sleepy colonial-era old town featuring the Cathedral of Santa Maria la Menor.

Base yourself at the friendly, excellent value, 25-room Hotel Capriccio Mare Y Restaurante in Punta Cana, with its smart rooms and little pool – and hire a car to get around.

All-inclusive hotels nearby offered by Tui are from about £500pp more for a fortnight.

PRICE PER DAY: £78.

GOA'S A GOER

Calangute Beach stretches for four miles and is known as the ‘Queen of Beaches’ of the state of Goa, on the southwestern coast of India.

Expect beach huts fitted with food stalls, plus small bars aplenty and a buzz of drinkers and diners. It can be lively at night, but there are quiet spots to enjoy the splendid setting with palm trees and lush tropical vegetation.

There are old Portuguese forts to visit nearby (including Sinquerim Fort, built in 1612) as well as the Salim Ali Bird Sanctuary (home to kingfishers, herons and eagles), and the Goa State Museum in Panjim, the main city, to learn all about this beautiful coastline.

Southall Travel, which specialises in travel to India, has many choices of where to stay, with Le Meridien Goa, by Calangute, offering modern rooms, a pleasant pool and a little cocktail bar.

PRICE PER DAY: £102.

KERALA ON A BUDGET

In the late 1960s and 1970s, the beach resort of Kovalam in the Indian state of Kerala, to the south of Goa, was a major stop-off on the Hippie Trail – transforming from a quiet fishing village to a strip of hostels and beach bars.

Eventually, bigger hotels would arrive and now it’s one of India’s most popular holiday spots.

For a taste of luxury, book a room at the five-star Gokulam Grand Turtle on the Beach, close to Hawa Beach, with its large outdoor pool, spa, yoga classes, rooftop bar and restaurant featuring delicious local cuisine (including fish curries).

Enjoy sundowners on its Indian Ocean-facing terraces. Rooms are air-conditioned and smartly decorated.

The average daily high is 31C-32C (88F-90F) in the winter.

PRICE PER DAY: £106.

OFF-PEAK FLORIDA

Temperatures touch 25C (77F) during the winter in Florida, although they can dip to as low as 10C (50F) at night.

But the season is a great time to visit for those with children below school-age – as well as for adult theme park junkies.

The likes of Universal Studios and Walt Disney World Resort have fewer crowds than during peak periods and lower hotel rates.

Prices of packages are enticing in November and you might consider staying at a theme park hotel such as Universal Endless Summer Resort – Dockside Inn and Suites.

Rooms are comfortable and tastefully designed – and because you are staying at a Universal hotel, you get early admission (one hour before everyone else) to The Wizarding World of Harry Potter and Universal’s Volcano Bay.

PRICE PER DAY: £103.

DISCOUNTED DUBAI

Though known for its towering skyscrapers, luxurious beach clubs, there are plenty of bargains to be found here in this glitzy emirate.

In fact, given the turbulent events of the past year, Dubai is more keen than ever to get Britons back enjoying what the city has to offer – meaning there are some great deals to be had by savvy travellers.

Surrounded by 37 acres of verdant gardens and overlooking the iconic Dubai Creek, Grand Hyatt Dubai provides a perfect blend of peaceful resort living with easy city access – plus a stay at the hotel includes waterpark access, too.

PRICE PER DAY: £124.

SUNNY IN SENEGAL

With its sunny climes, low humidity and lack of jet lag (Senegal has the same time zone as the UK), this West African country – known for its hospitable nature – is a fantastic option for anyone wanting to escape Britain’s grey and dreary skies this winter.

Located on the beachfront of Pointe Sarene, a traditional fishing village, the five-star Riu Baobab is a prime spot to enjoy the Senegalese sun.

The hotel has four pools and a swim-up bar – as well as a waterpark – and there’s kayaking and paddleboarding available for anyone wanting to stay active while away. Alternatively, the excellent Renova Spa has a plethora of treatments available for those in need of some proper relaxation.

PRICE PER DAY: £98.