Am I solely responsible for roots of a large pine tree ruining my neighbors drive?

[cwratcliff]

Great State of Texas!

Dear Friends,

There are (3) huge pine trees that are just barely in my yard between my neighbors home and mine. The sub-division that we live in have pine trees galore that were there well before the homes were ever built and then (cleared away by the builder), some 25 yrs ago.

It's clear that (1) tree root has gone under my neighbors driveway and has started to crack the concrete. He says I need to cut all of them down so it doesn't crack his foundation.

Since I don’t have any funds, I asked if he would go in halves and he said absolutely no. His claim is, there in my yard not his, and this needs to be done ASAP.
I told him that it would be cheaper for him do to go in halves now, than for him to have to pay some $40K in foundation repairs later, if the roots were to grow under his foundation.

My claim is, I didn't plant the trees, the trees were there well BEFORE we both bought our homes and BEFORE the homes were built and they’ve grown due to Mother Nature.

So I ask, legally am I responsible to remove these trees and flip the bill on this all alone since they are in my yard? Would it be advisable to tell him that I’m giving him permission and my blessings to cut the root away? Or, to go ahead and remove the tree(s) himself since I don’t have the funds, and that it would save him money for foundation repairs later should they grow under his home, just be careful not to let them fall on my home in the process?

Up to this point my neighbor and I have gotten along great, it's sad that this has taken a turn.

Thank you for your prompt response,
C.W.

[lcannister]

IF he can show the root damage is from YOUR trees he is entitled to be paid for the repair to his drive way as well as have you make sure it does not happen again.

IF he gets 40K in damage from your roots to his foundation because YOU do not take care of this problem then you will be responsible for that bill as well.

Since I don’t have any funds, I asked if he would go in halves and he said absolutely no. His claim is, there in my yard not his, and this needs to be done ASAP.

He is RIGHT!

than for him to have to pay some $40K in foundation repairs later, if the roots were to grow under his foundation.

WRONG, You would be paying the 40K in damages if you do not take care of the KNOWN problem now.

[LindaP777]

This is an interesting problem. I'm waiting to hear other's opinions. My first thought that it would be the neighbors responsibility because at any time he could have removed limbs on his side of the property line.
My parents had the roots of a neighbors soft maple tree get into their sewer line (the old clay pipes) and destroy it (the maple trees around here are known for doing this). At a cost of a few thousand, they had the sewer line replaced with PCB (or the same, but for exterior stuff). The tree has been there for as long as I can remember, longer than the current neighbor, but yet LC, it would have been the neighbor responsibility?

[lcannister]

Linda, I am in a situation with the city here in my hood over root problems. I have a huge Maple, had, remember in another post I had a couple of trees removed to prevent major wind damages should they fall, and the roots grew out and buckled the sidewalk. I contacted the city dept. who normally fixes sidewalks and they said because my tree roots damaged the concrete it was my responsibility to pay the cost of the repair. I didn't want someone injured so I immediately paid the city to replace that section.

Others have sued and won damages over tree roots in my neck of the country.

Home owners insurance might come into play here, I didn't even check in my case because the city only charge me 100 and I my deductible is about that much anyway.

because at any time he could have removed limbs on his side of the property line.

The limbs would not have prevented the roots growing under ground where no one can see them.

I only know what happens in my area.

Those dang Maples can be a pain the tush period!

[kmomof6]

I guess it all depends on where you live. We've had a dispute here (Rhode Island) about a tree, and through research and then contacting an attorney, we found that the general rule is "self help." If branches are a problem, they can be cut to the property line....If roots are a problem, they can also be cut and/or dammed to the property line. One needs to use caution to not kill the tree, though, because that is illegal in itself.

[moburkes]

Self help is normally the case for above the ground problems.
I'm not sure about below the ground problems.
Homeowners insurance will only come into play under the tree root owner's liability coverage.

[moburkes]

Here is a google response:
[url]http://answers.google.com/answers/threadview?id=404228[/url]

[lcannister]

Good link Mo and I found this tidbit interesting

but is simply being
a nuisance, perhaps by blocking sun or light, they may still be liable
for the cost of getting the nuisance resolved.

[divgradcurl]

I have a huge Maple, had, remember in another post I had a couple of trees removed to prevent major wind damages should they fall, and the roots grew out and buckled the sidewalk. I contacted the city dept. who normally fixes sidewalks and they said because my tree roots damaged the concrete it was my responsibility to pay the cost of the repair. I didn't want someone injured so I immediately paid the city to replace that section.

I don't know the law in your jurisdiction (or, more accuratley, I do't know what jurisdiction in which you live), but in most jurisdictions in this country, the homeowner is responsible for maintenance of the sidewalk that crosses their property no matter what the cause of damage. Typically the municipality will repair the sidewalk, but the homeowner bears the cost of that repair. I don't know if that is the rule in your neighborhood, but unless you live in Pennsylvania or Delaware, the rule probably is you would be responsible for the damage to the sidewalk in front of your house, no matter who owned the tree...

EDIT: Only point here is that it is probably not safe to extrapolate from an experience dealing with a tree damaging a sidewalk to a tree damaging a neighbor's sidewalk or driveway, because in most places, you own that sidewalk, and are obligated to maintain it -- and that is not true of the neighbor's sidewalk or driveway.

[lcannister]

City does all of our sidewalk repairs.

EDIT: Only point here is that it is probably not safe to extrapolate from an experience dealing with a tree damaging a sidewalk to a tree damaging a neighbor's sidewalk or driveway,

The topic was tree root damage and from the very first post my information was accurate regarding tree root damage and the tree owners responsibility.

My sidewalk tale of woe was accurate as well for MY AREA which is what we all repeated say around here, the rulz "ain't" the same everywhere.

[Ozark_Sophist]

Originally Posted by lcannister

Good link Mo and I found this tidbit interesting

I thought this was US LAW ONLY. Your tidbit is for NEW ZEALAND!

[Ozark_Sophist]

Originally Posted by Ozark_Sophist

I thought this was US LAW ONLY. Your tidbit is for NEW ZEALAND!

Your neighbor is capable of performing self-help. lcannister is wrong according to what I have found for US LAW as to the neighbor's concern for the foundation. If the neighbor does nothing and later comes after you in court for damages to the foundation, you can claim the neighbor could have taken self-help to prevent or mitigate the damages. --Although you may be held financially responsible.

[moburkes]

Did I really post a New Zealand link? Oops!!!!!!!!!!!!!!!!!!!

[mommyof4]

Originally Posted by moburkes

Did I really post a New Zealand link? Oops!!!!!!!!!!!!!!!!!!!

Well, actually, the original question in your link was from Charlotte, NC (with a very similar screen name as another poster I know.). One of the replies included a link from New Zealand.

[moburkes]

Originally Posted by mommyof4

Well, actually, the original question in your link was from Charlotte, NC (with a very similar screen name as another poster I know.). One of the replies included a link from New Zealand.

Ohhhhhhhhhhhhhhhhhhhh!