Tree root destroying driveway and fence

[captain14]

The vacant house next door to me has a tree next to the property line. The tree root has burrowed under my driveway and raised the area by 6 inches high and over 6 feet long along with a second root that is pushing the chain link fence out. I have contacted the property maintenace firm that is handling the property and get the ususal runaround with them saying they have notified the bank.

I talked to the maintence company this morning and he said the bank told him not to offer any infomation to me about my property.

The house is a foreclosure and has been vacant for four years. At one time it was the worst vacant property in town that included a burnt out 3 car garage. It has since been torn down and removed


I have some photos but do not know how to post them.

I told the maintenance compnay to tell the bank I will show and tell every prospective buyer about the tree and root damage to my property.


What are my other options? I realize this is not a legal forum , but I am sure someone here has had the same issues at some time.

Thanks in advance.

 

[theoldwizard1]

You are allowed to remove that root that is on your property. Same with tree branches overhanging your property.

You are also liable for any "damages" that the tree sustains that can be proved to have been caused by your actions.

 

[zak77]

If it were me I'd dig up the root(s) causing this issue and cut them. I'd then contact a lawyer to see who, if anyone, can be held responsible for the damage to your driveway. It's a slippery slope since I'm not sure who'd be responsible; previous owner, current owner or you. Then I'd get some copper nails, drive them deep into the trunk and cut the heads off so you can counter sink them then just watch the tree die over the next year so as to prevent any further damage to your property.

I once had the top of a pine tree up at my family's camp break off in a winter storm which just so happened to find it's way onto the next door neighbors hood of his newer truck. He didn't have full coverage so his insurance wouldn't pay for anything and we didn't have any insurance on the property to pay either. After consulting with an attorney he said it was an "act of god" and unfortunately he was responsible for paying to repair his truck but could try to sue us, which I knew he wouldn't do cause he's a nice guy. My family felt bad about it and offered to split the cost of the damage. We gave him about $1K and he had it fixed. It was a good amount of damage so I don't doubt his estimate to get it fixed. It was done in good faith and to keep a good relationship with our neighbor who keeps an eye on our camp when we aren't there. So sometimes you gotta do what's right but in your situation F it!! Kill that tree.

 

[Costner]

I've heard that an unfortunate spilling of high quantities of salt near the base of a tree will result in the tree actually dying which would then require it's removal. It would be a shame if something like that happened to a tree of course, and surely nobody would suggest digging a small hole and filling it with a few pounds of salt only to cover up the hole and wait.

In your case, I'd follow the roots on your property and simply cut them. I don't know the legal recourse in your area, but in many places you can trim branches and roots that encroach on your property with no consequences. The fact this place has been sitting empty for years suggests nobody is going to care, and I promise you the bank and the property maintenance people have better things to worry about than a few tree roots, so in this case their laziness works to your advantage.

I've also heard that stump killer (when properly applied) will destroy the actual cellulose fibers of the tree and root making removal that much easier. Of course you would need to be careful to not apply this to the living tree because that may end up killing it and removing any chance of future roots damanging your property and we wouldn't want that of course.

 

[jaye944]

DURING my years as a tree surgeon I have come across the "copper nail" myth many times. Some years ago, when cutting up the trunk of a typically vigorous poplar, I came across a ring of copper nails. Several inches inside the wood, the tree had enclosed them and carried on growing with no ill effects.

Geoff March, Stroud, Glos

If it were me I'd dig up the root(s) causing this issue and cut them. I'd then contact a lawyer to see who, if anyone, can be held responsible for the damage to your driveway. It's a slippery slope since I'm not sure who'd be responsible; previous owner, current owner or you. Then I'd get some copper nails, drive them deep into the trunk and cut the heads off so you can counter sink them then just watch the tree die over the next year so as to prevent any further damage to your property.

I once had the top of a pine tree up at my family's camp break off in a winter storm which just so happened to find it's way onto the next door neighbors hood of his newer truck. He didn't have full coverage so his insurance wouldn't pay for anything and we didn't have any insurance on the property to pay either. After consulting with an attorney he said it was an "act of god" and unfortunately he was responsible for paying to repair his truck but could try to sue us, which I knew he wouldn't do cause he's a nice guy. My family felt bad about it and offered to split the cost of the damage. We gave him about $1K and he had it fixed. It was a good amount of damage so I don't doubt his estimate to get it fixed. It was done in good faith and to keep a good relationship with our neighbor who keeps an eye on our camp when we aren't there. So sometimes you gotta do what's right but in your situation F it!! Kill that tree.

 

[rlitman]

You are allowed to remove that root that is on your property. Same with tree branches overhanging your property.

You are also liable for any "damages" that the tree sustains that can be proved to have been caused by your actions.

You can absolutely remove the root where it crosses the property line. Beyond that is more of a sticky issue.

I've also heard that stump killer (when properly applied) will destroy the actual cellulose fibers of the tree and root making removal that much easier. Of course you would need to be careful to not apply this to the living tree because that may end up killing it and removing any chance of future roots damanging your property and we wouldn't want that of course.

It won't. Stump killer is nothing more than concentrated fertilizer. It accelerates the decomposition of a dead stump, but will not break down a live one.

If the tree is not ON the property line, but just close to it, just get an axe, hack through the root on your side of the property line, and remove the offending root.

Don't bother calling a lawyer. You'll be wasting time and money.
The neighbors are not responsible for a root that grew across the property line (just as they are not responsible for leaves that blow over it in the wind). The only exception I can think of to this would be in places where invasive bamboo has been banned, and a property owner might become liable for damages caused by their expanding bamboo runners. That's not applicable to trees though.

 

[CNGsaves]

Add PICS to your first post by Editing the post, and clicking on Advanced.

At bottom there is Manage Attachments, click on that and box pops up at top with room to add 7 attachments. Click on Browse and locate on your hardrive the picture (generally best to have .JPG format) on your computer. After the pics are "pointed to" then click on Upload. You'll see the file names of pics show up. Click Close on that box, and finally Save on your edited post. Whallah you now can post pics!

 

[CT2012]

having experienced something very similar, any prop damage to you from neighbors' tree should be handled through your homeowners insurance. let them fight it out with the neighbors (bank/owner/etc.).

 

[C96]

having experienced something very similar, any prop damage to you from neighbors' tree should be handled through your homeowners insurance. let them fight it out with the neighbors (bank/owner/etc.).

^ ^ This is good advice ^ ^

Hopefully your homeowners insurance will step-in and take action.

I would not just start hacking up roots, this could turn around and bite you in the ***.

Some States are different than others regarding tree matters.

Do your homework on this because in a few states the owner of the tree could be held liable for damages to your property.

I would get estimates for:
• Having the tree cut back, or removed altogether
• Repairs to the fence
• Repair and or replacement of the driveway

Also, the arborist will have to decide weather or not the tree can survive such root removal, they may just recommend it be removed, get this in writing. Same with the fence and concrete contractors, have them indicate on the quote for repairs that no warrantee can be made for their work until the tree and roots are removed.

Submit the above to the property owner along with a letter indicating to them what damages their tree has caused thus far and that not addressing the issue in a timely manner will only contribute to further damage and problems.

It sounds as though the owner has been ignoring your requests, so its time to start a paper trail with letters documenting your concerns, time frames etc.

Good Luck

 

[bczygan]

Doing anything yourself may leave you liable.

And you are already on record.

Find out the laws in your area.

Most places you can do minor trimming that doesn't effect the health of the tree.

Always better to have an agreement with the adjacent property owner.

I might go to them with a proposal that I do the minimum required to repair my fence and paving. Get them to approve it in writing.

Alternate proposal would be you going to court for damages.

Use a carrot and a stick.

 

[theoldwizard1]

having experienced something very similar, any prop damage to you from neighbors' tree should be handled through your homeowners insurance. let them fight it out with the neighbors (bank/owner/etc.).

^ ^ This is good advice ^ ^

Hopefully your homeowners insurance will step-in and take action.

Of course you need to tell your homeowners insurance company that the raised concrete is causing a "trip hazard" and that sometimes your elderly mother visits and you are afraid she might fall and seriously injure herself because of the uneven concrete !

Or you could trip on it after a few too many "adult beverages" at your local watering hole !

 

[buddyboy]

whatever you do I would do it before a person owns it.

right now the bank owns it and they aren't 'attached' to the tree.

they didn't buy the house because of the tree, they won't care what you do as long as it doesn't cost them money.

if someone buys that place and you come running over offering to cut the tree down you may or may not be able to do anything.

call your homeowners ins agent to see what info they have.

if it were me I would get the bank to sign something saying it's ok for you to cut down the tree, then go for it.

I wouldn't try to get them to pay for it, it's not like the tree was planted there on purpose to screw up your driveway, in all likelyhood the tree was there first and it's your stuff hurting the tree (thats what the new owners 'could' say)

good luck

 

[BobRae]

I'd consult with a lawyer to find out what you can and cannot do to the tree in the USA. In Canada, the law is as stated in this court case:

As per Centrum Land Corp. v. Institute of Chartered
Accountants of Ontario et al (1988), 1988 CanLII 4823 (ON SC), 64 O.R. (2d) 289
(H.C.), it is noted that either owner may cut back any
branches or roots that grow over or under his land which
interfere with the peaceful enjoyment of his land -- even
if that would result in injury to the tree.

If the law is the same in the US, you can remove the root.

With respect to the Bank's liability for damage caused, I found this principle:

"Regardless of whether the nuisance already existed prior to his occupation or whether it was created after he occupied it, a person is not liable until he has knowledge of the nuisance or should have knowledge of it by exercising reasonable care. An occupier is only liable for continuing or adopting a nuisance. He continues a nuisance if he fails to take reasonable steps to bring it to an end in a reasonable time."

Based on my read of this, the previous owner might have been held liable for the damage to the driveway if you had brought his attention to it and he did nothing about it. While the bank is in possession, if you bring it to their attention and they do nothing about it and the damage worsens, I think they would be liable (at least for any worsening of the damage to the driveway). The question is whether they are liable for the damage caused thus far?

The issue is whether the knowledge and liability of the foreclosed owner transfers to the bank (i.e. did they step into his shoes when they took possession of the house). That is the point I would check out with a lawyer.

As to home insurance, to see if you are covered, I think it is best to read your policy. Most policies have comprehensive coverage for everything, but then have list of exceptions. You have to read through those. For example, I'm covered for ice damming and sewer backup, but "overland flooding" is excluded from the coverage.

 

[LB-1911]

The vacant house next door to me has a tree next to the property line. The tree root has burrowed under my driveway and raised the area by 6 inches high and over 6 feet long along with a second root that is pushing the chain link fence out. I have contacted the property maintenace firm that is handling the property and get the ususal runaround with them saying they have notified the bank.

I talked to the maintence company this morning and he said the bank told him not to offer any infomation to me about my property.

The house is a foreclosure and has been vacant for four years. At one time it was the worst vacant property in town that included a burnt out 3 car garage. It has since been torn down and removed


I have some photos but do not know how to post them.

I told the maintenance compnay to tell the bank I will show and tell every prospective buyer about the tree and root damage to my property.


What are my other options? I realize this is not a legal forum , but I am sure someone here has had the same issues at some time.

Thanks in advance.

Contact an Arborist -

Request a site visit -

Discuss root pruning in conjunction with vertical trimming and a possible removal.

I would find it hard to believe that you'll be the first person in this predicament.

Good Luck

 

[C96]

"Regardless of whether the nuisance already existed prior to his occupation or whether it was created after he occupied it, a person is not liable until he has knowledge of the nuisance or should have knowledge of it by exercising reasonable care. An occupier is only liable for continuing or adopting a nuisance. He continues a nuisance if he fails to take reasonable steps to bring it to an end in a reasonable time."

This is why it is important to start the paper trail. Once the bank (owner) is made aware of the problem, they are responsible now for addressing it. If they do nothing and sell the property to someone without disclosing this issue they will have opened themselves up wide for litigation.

 

[ishiboo]

whatever you do I would do it before a person owns it.

right now the bank owns it and they aren't 'attached' to the tree.

they didn't buy the house because of the tree, they won't care what you do as long as it doesn't cost them money.

if someone buys that place and you come running over offering to cut the tree down you may or may not be able to do anything.

call your homeowners ins agent to see what info they have.

if it were me I would get the bank to sign something saying it's ok for you to cut down the tree, then go for it.

I wouldn't try to get them to pay for it, it's not like the tree was planted there on purpose to screw up your driveway, in all likelyhood the tree was there first and it's your stuff hurting the tree (thats what the new owners 'could' say)

good luck

This is very good advice. I would definitely attempt to take care of it before someone buys it.

 

[BobRae]

This is very good advice. I would definitely attempt to take care of it before someone buys it.

There is no question he can cut the root to avoid more damage. The better question is can he get the bank to pay for the damage already? In my view, it will likely be cheaper to just remove the root, cut out the damaged section of driveway and replace it. The bank isn't going to replace the damaged portion without a court telling it that it has to, so the OP will spend a ton on legal bills, likely more than it would cost to just fix the section himself.

 

[ford33]

If you cut the roots on one side, will that weaken the base of the tree and cause it to fall onto your property or your neighbors? It may take years and a strong storm but you have to consider the impact of your actions.

Seeking a quote from an arborist for trimming the branches and roots would give you useful information and help you make an informed decision.

I would do this now before the property is sold by the bank to a homeowner who may like the tree and cause you delay.

 

[C96]

The bank isn't going to replace the damaged portion without a court telling it that it has to

I would do this now before the property is sold by the bank to a homeowner who may like the tree and cause you delay.

I would venture to say that if the OP properly notifies the bank (property owner) in writing with regards to this issue, it would be in the banks best interest to rectify the problem prior to any sale, here’s why:

Once the OP notifies the bank in writing of this problem, the bank will be obligated by disclosure law to make known this fact to any and all potential buyers. Not likely a new buyer would want to take on this existing issue making it their responsibility.

Again, if the bank chooses to ignore this fact and sells without disclosing the issue at hand, they could be in for a heap of trouble.

 

[rsanter]

Cut the roots
You can use an old chain saw and cut into the roots and through the ground along the property line
Then fill the slot with a root barrier plastic sheet

Bob

 

[Leaflessshadetree]

Buy the house. Build yourself a new garage on the property and do whatever you want with your newly aquired tree and it's roots.

 

[southalabama]

Self help is quickest and cheapest route.

Dig hole. Cut roots going across line. I've found that a sawzall works good for that.

I'd fix any damage to my property and send them a bill along with a demand letter and stack of pictures. Will they pay? Maybe maybe not. Then make your decision to sue or eat the damages.

With this type case an attorney is gonna charge you hourly. It simply may not be worth the cost of litigation to pursue until you know exactly how much it costs to fix. I wouldn't do anything to the tree other than over hanging limbs or roots.

 

[weadjust]

I work as an independent claims adjuster and one of my bigger accounts is dealing with bank repos. A bank won't do anything unless you sue them. They file claims on those repos all the time for stolen pipes, appliances, vandalism. They never spend the money from the insurance claim on the property and sell the homes as is. Even is you sued them I doubt you would win. Maybe if put the bank on notice in writing when you noticed the first bulge in the driveway. A banker will say "it's your root causing the damage since the root is on your property. Why didn't you cut your root when you first noticed it was a problem"?

With regards to filing on your homeowners ins. Insurance covers sudden and accidental damage to the property. The claim would probably be denied since a root doesn't grow suddenly. Most HO policies also excluded bulging, expansion, blah, blah, of a sidewalk, driveway, patio, etc.

 

[slip knot]

Dig the root up. Cut the root. Apply masive amounts of Tordon directly to the root. cover the whole mess up and forget about it. Problem solved.

 

[Playwme]

This type of thing doesn't happen overnight. You didn't notice the bulging earlier? I've been in this situation before and I cut the root, fixed the driveway, and never thought about asking anyone else for money. Even though the tree is on their land it's still your responsibility to look after your property.

 

[wssix99]

I just had to deal with a similar situation...

If you cut the roots on one side, will that weaken the base of the tree

Right! Cutting just the root is a recipe for disaster. However, the weight of the branches above will cause the tree to fall on the OP's property - not the neighbors'.

The first thing that needs to be done is to give the tree a lose shave and cut everything up high that leans over the root. Then you can cut the root. Even then, other branches on the tree may die and fall off as the tree looses nutrients from the root. So-its probably best to cut off any other branches that are in a position to do damage to something.

Another reason to cut the branches is that the branches and roots spread out across the same footprint around the base of the tree. If you have those branches on there, the tree will need more nutrients and the roots will grow back more quickly.


That being said, the roots are going to grow back anyway - so you'll want to deal with the causes (broken pipes, cracked pavement, etc.) that entice the roots to grow up to the surface.

Here is a good article on combating that issue: http://www.cityofchicago.org/content/dam/city/depts/streets/supp_info/TreeRootsSewersSidewalks.pdf

 

[EOC_Jason]

It sounds like that is just a vacant lot next to you? It also sounds like whoever owns the property just doesn't give a ****...

First I would trim every branch that crosses the property line, even if it makes it look like half a tree. Then I would cut and dig the roots on my property. Fix your driveway and fence, keep the invoices, send copies via certified mail along with letter explaining you should be reimbursed for the damage their tree did to your property or you will take them to small claims court.

If there are no other plants around that tree, diesel is a good tree killer too... Since you will already have a hole in the ground and exposed roots...