The Root Evil

[Paul_H]

There is a lot of advice given here sight unseen. It's hard to tell how large this root is and cutting a large root can kill a tree. Sometimes in a year, sometimes in 3-5 years. A single large root can be the only major anchor root and without knowing the predominant wind direction, it could jeopardize the stability of the tree.

It doesn't seem just that a neighbours tree is dependent on it's root growing across the property line and under the foundation of a homeowner's house.
What are some of the laws concerning a large overhanging branch from a property owners tree over a neighbours house.If it broke off,who is liable?Is the homeowner to bear the cost of pruning or the owner of the tree?
Does he need permission to prune the dangerous branch?

I would speak to the neighbour first and record the conversation in a journal and would also speak to the historical society for their input.If they are concerned over small matters like trim and colours,they may think the foundation worthy of protection.
If the neighbours dog was coming over and tearing the siding off,would you watch or take action?

[Ruffneck]

I will be doing more research into this problem before I start feeding the root "Kool Aid" ;D
Due diligence on my part sounds like the best approach. I will try an post some better pictures.
With my luck, I would cut this root and the tree would fall onto the retirement home across the street. :
Thanks for all the input. We're getting some good wind tonight, maybe that will take care of this problem :D
I'll keep ya'll posted!!!

[Jemclimber]

[/quote]

What are some of the laws concerning a large overhanging branch from a property owners tree over a neighbours house.If it broke off,who is liable?Is the homeowner to bear the cost of pruning or the owner of the tree?
Does he need permission to prune the dangerous branch?


Laws very state to state. Generally, unless it is documented prior to the incident as being a liability, the homeowner with the damage is responsible for repairing his/her property and removing the offending tree. Usually covered by homeowners insurance. May not seem just, but such is life. Example, who is responsible for removing and cleaning up leaves from your neighbors tree that blow on your property? I've never heard of a neighbor being monetarily responsible for raking and gutter cleaning from their offending tree.

I would speak to the neighbour first and record the conversation in a journal and would also speak to the historical society for their input.If they are concerned over small matters like trim and colours,they may think the foundation worthy of protection.

Excellent advise, possibly with an unbiased witness if you feel the need.


If the neighbours dog was coming over and tearing the siding off,would you watch or take action?

Comparing an animal to vegetation doesn't seem like a good analogy, apples to oranges to me.
Good luck with your situation.

[Paul_H]

The leaves analogy is a silly one.Large limbs can cause severe damage or even death.
A foundation lifted and broken by a neighbours tree is a serious matter.

A neighbours tree slicing a bedroom in half in a wind storm is a big deal too.

[SwampDonkey]

I can tell ya that the insurance company will go after the owner of the tree because he/she did not show due diligence. I can bet that due diligence is on the state books. Same goes for not keeping the power lines cleared of danger trees or causing a surge from a limb they cut that hit the line, the insurance will go after the utility. Now catastrophic events is another issue. But who do the insurance companies always turn to? Some one else, like the government to pay. Then premiums are hiked.

[Ruffneck]

Thanks everyone! This root is growing on the surface in the crawlspace and spans the width of the house.. This is the offender from a different view:

 
There is some distance between the foundation and the house.

This thing makes me have to clean the needles off the roof and out of the gutters every year : It belongs on "The Orange Blossom Special" :D
 

 

[beenthere]

From what I see, I would be digging a drainage ditch for a drain tile about 4' deep and between that fence and the foundation. To drain the water away, of course. Needed to protect the foundation footings.
If the tree dies from severing the roots on that side, I don't think you can be found at fault. But it is your call, and not mine.
Or maybe the ditch for a water line or other utilitiy needs. Don't think the tree has any rights to your property.

[Ianab]

What's the neighbour's stance on this?

Like they might be thinking of taking it out anyway, but are worried about the cost?
Or they might be more amenable to it coming out if they know it's causing damage, or if you are going to cut a main root and maybe de-stabilise it?

I know if I had a tree that was growing over a neighbouring house like that it's be amenable to it being taken out. Even if I couldn't afford to pay, I'd at least give them permission to get it done.

Ian

[WDH]

Yeah, it needs to go. 

[ArborJake]

 Jebs right if that tree were to hit your house for what ever reason except a human caused event, your insurance would have to cover damages. In my experience with insurance companies they usually don't cover removals but on occasion if there is reason to believe the tree is a hazard the will pay some or all to have the tree removed. The owner of the trees insurance that is. You should get an arborist give you a tree risk evaluation and ask him about that root as well. If it's at a high risk for failure your neighbor has something to submit to his insurance company. The croch in that tree may be suspect.

[LeeB]

Some cities have restrictions on tree size that can be removed. Another problem to throw into the mix.

[danreed76]

When I was in landscaping, I had a customer up in the city that had a huge oak tree that would push up on his patio and walkways, breaking the concrete every few years.  Even though it was damaging his property, the city would not let him cut it down unless either the city arborist declared it an imminent hazard, or he agreed to pay the city something like $50 per square inch of the stump face to replant an equal amount of "trunk" elsewhere in the city. In fact, he had to get a permit for my crew to repair his sidewalks and patio and damage the root.

In the end, we ended up excavating around and cutting off the roots with the city arborist's expert supervision (came out and looked at where we cut the roots) then replacing the damaged pavers and concrete.  We put in a root barrier fabric (vertically, starting about 6 inches below the surface, running about 3 feet deep) to prevent it from growing more roots toward the house and hardscapes.  I don't remember exactly what it was, but it had some kind of enzyme in it to direct the roots "tip cells" (maybe the wrong term) away from it.  That's been six or seven years ago, and last time we went into the city the tree was still by all appearances healthy and the walkway looked just as good as we left it.

If you have to dig alongside the house anyhow at some point, might be an option.

Dan

[Ruffneck]

Thanks again for all the input. I am thinking of going along the lines of what beenthere and Dan are suggesting.
When I first moved in, I made contact with the owner of the tree to just introduce myself. My impression was she is the type of person that would make thing difficult just because :
If a person is digging and comes across roots, what is the best way to cut the root to give the tree the best chance at surviving?

Steven

[Ruffneck]

I think I got it, but I'm not sure. The messurement indictes that I should have it. It looks like there are two roots on the outside. When it grows under the foundation it becomes one, thicker root. I only saw one pith on the root where it came up inside the foundation. Could the roots grow together to make one bigger root?
My heat pump is on top of this mess and it would cost up to $900 to disconnect it and get it going again :D

 

Here's my catch for the day:

 

[mesquite buckeye]

Is koolaid good with grits?

I see a tree on your side of the line that will soon be rooting into your neighbor's basement.

And so it goes. 8)

[Ruffneck]

Thought I would give an update on the tree situation at old city house. I hired Treecology Inc. to remove the cedar tree that was on my property and they lifted the canopy on the fir tree.

The day started with the owner showing up and lining things out with me:

 

 

He had a safety briefing with the crew and left:


  

The crew got after it, they let my take the picture because it is a historic moment:


  

I was very impressed with their work. They left some short logs for me to mill and were very professional. The work attracted a couple of neighbors' and one needed tree work. He got an estimate from them at the end of the day. I hope he uses them, I would recommend their work to anyone. They were cheapest of eight different bids I received.

I don't have a big need for tree work, but when I do, I'll use them again. Who knows, maybe I'll decide to attack that fir tree next :D