My Tree Vs Neighbor

[samforsyth]

Michigan

I have a very old Silver Maple about 2 feet from the fence between my neighbors yard and mine. It must be at least 80 years old. I have lived in my house for 4 years, they've lived in their house for 12 years.

I maintain my tree by getting it trimmed.

I guess recently his driveway and the corner of his garage has been lifted, and he's positive it's the roots from that tree(which it most certainly is)
His drivway bumps up against the border, and the distance between this gigantic tree and his garage is only about 5-6 feet

He has approached me to have the tree removed, at my expense. I don't want to cut the tree down anyway, and i definately don't want to pay for it. And he says that once he fixes his driveway and garage, that he'll take me to court to sue me for his expenses.

What are my rights and my liabilities?

 

[TigerD]

You might as well start researching local attorneys now. He's is probably going to sue you. That doesn't mean he is right, but you will be better off prepared.

DC

 

[dlw99]

Any chance the tree is on city property - close to the road? If so, the city would be liable. Chances are this is not the case.

Your neighbor has the right to get rid of the roots on his property any way he sees fit, even if it means that your tree will eventually die from his actions.

If that happens and the tree topples over and kills you in your house, your loved ones could try suing the neighbor.

Either one of you could always call your insurance company, but that could cost more than it's worth in the long run.

Why not ask the neighbor if he would join you in professional mediation of the tree matter, and share the expense, which is much cheaper than going to court?

 

[drewguy]

Your neighbor has the right to get rid of the roots on his property any way he sees fit, even if it means that your tree will eventually die from his actions.

This is not totally correct--he may cut the roots, but not in a way that kills the tree. Same rule as for overhanging branches. His remedy is self-help, and if he fails to self help, any damages to his property are his problem, just like if a branch fell on his house.

That said, silver maples are cruddy, shallow-rooted trees that will probably start dropping large branches soon, if it hasn't already. I don't think it's a terrible shame to remove it. Why not offer to split the cost, which surely is cheaper than any form of litigation? And that's the pitch -- "look, it's a tree and I'm not responsible for root damage it may have caused to your garage. You're not going to win in litigation, but to be a good neighbor let's split the cost of removal and agree that you won't sue." Then get him to sign a letter confirming he'll share the removal costs and not sue for any damages.

 

[dlw99]

This is not totally correct--he may cut the roots, but not in a way that kills the tree. Same rule as for overhanging branches. His remedy is self-help, and if he fails to self help, any damages to his property are his problem, just like if a branch fell on his house.

Neighbor could hack at the roots and kill the tree either accidently or on purpose. Burden of proof that he killed tree would be on poster.

It is in poster's best interest to communicate with and find agreeable solution to problem with neighbor. Hopefully this will include a handshake, perhaps a refreshing beverage, and a written agreement.

 

[samforsyth]

Thank you everyone.

We've had plenty of conversations about it. I have told him numerous times about his self-help options.

I told him if an arborist says he can't cut the roots without killing the tree, that we'd re-address the situation.

but he wants me to pay for everything, the tree, the arborist, the garage the driveway.

I can't negotiate with someone who doesn't accept that he has recourse through self-help, Can I?

I like the idea of a moderator...how can i find out more about that course of action? i'm not familiar with it.

 

[dlw99]

Michigan

I have a very old Silver Maple about 2 feet from the fence between my neighbors yard and mine. It must be at least 80 years old. I have lived in my house for 4 years, they've lived in their house for 12 years.

I maintain my tree by getting it trimmed.

I guess recently his driveway and the corner of his garage has been lifted, and he's positive it's the roots from that tree(which it most certainly is)
His drivway bumps up against the border, and the distance between this gigantic tree and his garage is only about 5-6 feet

He has approached me to have the tree removed, at my expense. I don't want to cut the tree down anyway, and i definately don't want to pay for it. And he says that once he fixes his driveway and garage, that he'll take me to court to sue me for his expenses.

What are my rights and my liabilities?

I just googled mediation arbitration services michigan and got:

Amy Glass Michigan Mediation & Arbitration Services

 

[Kiawah]

I think I'd have a slightly different view, whether I was in your shoes or his.

That tree was there I suspect, long before either of your homes was built. Whoever built his garage, whoever put in the fence, whoever poured the concrete for the driveway.....knew the tree was there. They built all of that after knowing where the tree was.

He came along and bought his property, knowing the tree was there, knowing the construction was done within the drip line of the tree where the roots are. He bought the property.

He lives with the problem. It's not fair to blame you for anything, or expect you to pay for anything. He needs to work around the problem. Pull up that chunk of driveway concrete if he wishes, pour some new, and good for another 10 years.

 

[dlw99]

I think I'd have a slightly different view, whether I was in your shoes or his.

That tree was there I suspect, long before either of your homes was built. Whoever built his garage, whoever put in the fence, whoever poured the concrete for the driveway.....knew the tree was there. They built all of that after knowing where the tree was.

He came along and bought his property, knowing the tree was there, knowing the construction was done within the drip line of the tree where the roots are. He bought the property.

Neighborhood hostilities lower your quality of life, and can even lower your property values.

They both bought their properties knowing the massively rooted tree was there, correct.

The question becomes, does poster want to fight with neighbor about the damn tree for the rest of his days, or settle the matter and live in peace?

 

[Kiawah]

Well that's fine, and having a lot of great neighbors I understand and appreciate how important they are.

On the other hand, this is a 80 year old tree. If it's diseased or in very poor shape, then use this as an incentive to share the cost and take it down.

I don't like all the deer in my backyard that absolutely destroy any plantings we put out without netting on them. But they were in this area long before these homes were carved into these woods. They get to stay, and we find a way to live peacefully with them.

If there is nothing wrong with the tree, then save this tree for the benefit of future generations. Just because one individual doesn't like the tree, doesn't give him a right to demand that it be cut down. That guy moves on somewhere else in a couple years, and you've permanently destroyed a beautiful 80 year old tree.

 

[dlw99]

Well that's fine, and having a lot of great neighbors I understand and appreciate how important they are.

On the other hand, this is a 80 year old tree. If it's diseased or in very poor shape, then use this as an incentive to share the cost and take it down.

I don't like all the deer in my backyard that absolutely destroy any plantings we put out without netting on them. But they were in this area long before these homes were carved into these woods. They get to stay, and we find a way to live peacefully with them.

If there is nothing wrong with the tree, then save this tree for the benefit of future generations. Just because one individual doesn't like the tree, doesn't give him a right to demand that it be cut down. That guy moves on somewhere else in a couple years, and you've permanently destroyed a beautiful 80 year old tree.

If this was a branch issue it wouldn't be a big deal. Poster says the roots are causing neighbor's driveway and garage to lift. These are expensive repairs, and the tree roots are lowering the value of neighbor's property. Once he starts making repairs, you can bet neighbor will go after those roots, and possibly kill the tree anyway in the process.

Poster expressed interest in mediation. A skilled mediator might be able to find a solution that both neighbors can agree with, and maybe even save the tree.

Neighbor issues that start with stuff like this often escalate to a real ugly place. Better to nip it in the bud (pardon the pun) now.

 

[dlw99]

You might as well start researching local attorneys now. He's is probably going to sue you. That doesn't mean he is right, but you will be better off prepared.

DC

This is ridiculous advice. Why not start with a mediator?

 

[drewguy]

I just googled mediation arbitration services michigan and got:

Amy Glass Michigan Mediation & Arbitration Services

If you want to pursue this route, also check with the local courts. They often have a list of mediators that they can provide.

As for OP's question--yes, it is difficult to deal with someone who sees only their side of a matter and refuses to negotiate anything, let alone acknowledge what rights he does and does not have. All you can really do is repeat yourself.

That said, a good mediator will often be able to bring a party to see where they are misguided. In your case, the mediator would likely point out the law about trees and roots, and may also point out the post noting the tree was likely there before the houses. Of course, the mediator may point out to you that the self-help solution may kill or at least severely harm the tree. Ultimately neither of you have to listen to or agree with the mediator; on the other hand it could help bridge the gap in a productive way.

 

[samforsyth]

Thanks again everyone.

After being approached non-stop for about 2 weeks on the issue. I have not heard from him at all in a few days.

I am guessing he has done some more research to figure out his rights. I've been logging all of our conversations about this, so that i have a clear time line if ever this goes to litigation.

I'll report back here if any new developments occur.