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Neighbor cutting out tree roots

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Konnersmama

Junior Member
What is the name of your state? VA

We were just sent a certified letter from a neighbor stating he was hiring someone to remove our tree roots that have grown above ground (1-2 inches....all trees in the neighborhood are this way....much worse too)....anyway, we were hiring a company to come out and "raise" our yard to cover the roots....his problem is he's worried the roots may one day grow into his foundation . If he does this we're worried our tree may die....it's also the only one we have in the back for shade for the kids and dogs....our trees are about 25+ feet from his house...
Can he do this legally? If he were trimming branches that's one this....but this can/may damage/kill our tree! We've contacted the HOA and am waiting for them to call back....until then we want to see what our options are. We wish they had just talked to us first instead of giving us a "no choice in the matter" letter.
Thank you for your time!
 


Konnersmama

Junior Member
Hi!
Yes the roots are on his property (from under our fence), which we understand he has the right to cut the offending roots.....that's fine....however, it's also been told to us that by law, he is not allowed to do anything that could damage/kill the trees. He had 2 companies come in last fall...both informed him he'll kill the trees if he goes to the fence and he said he didn't care and it wasn't his problem! They told him it would be....the town arborist told us he can't kill the trees and if he does he's responsible for 2-3x the monetary value. Also, the arborist informed us if he cuts the trees to the root base (which is his plan), it can create an instability in the trees to which they can fall on his property during a high wind storm.
My husband tried to work something out with him tonight....cut the offending roots only, but he said they're all coming out one way or another....we also found out he's after another neighbor for the same thing.....
 
just make sure that he understands that if he kills the tree, you will sue for the value of a fully grown tree and the replacement cost of another LARGE tree to be put in it's place.
 

HuAi

Member
Also, the arborist informed us if he cuts the trees to the root base (which is his plan), it can create an instability in the trees to which they can fall on his property during a high wind storm.
I'm no arborist, but if you remove a restraint on something, it usually falls the other way - i.e. towards your house.
 

divgradcurl

Senior Member
If you really like this particular tree, file for a restraining order. Maybe the other neighbor will split the cost for the attorney and filing.
 

Konnersmama

Junior Member
HuAi, I agree with you.....it's what the arborist said....I don't know the "physics" of it all....I wonder if my husband got confused:)

So what's the price for 2 full grown maples? :) And if he follows through, besides 3x the monetary value of the trees, do you think I can also sue for the price it would cost for us to remove the dead/diseased trees and fence repair (if there is any)? I don't want this to go to court, I'm just hoping if we can present him with facts he may be more willing to work with us.....
Also, our fence is inside our property.....he can't actually come onto our property to cut the roots can he?
My husband and I are more than willing to come up with a great compromise.....but his "they're coming out one way or another" blows our mind!
Oh, and the neighbor said he'd be happy to go in half the price with us to hire an arborist or two.....
 

Nippy

Junior Member
Well...

....if it's a question of your lovely tree or the foundation (read: physical integrity) of his house guess which one takes priority. Maybe that explains his attitude.

Forget the arborist. get a structural engineer to assess the actual risk posed by the roots.
 

AnnetteG

Junior Member
Just curious here. Why would you not care if the roots of a tree were damaging someone else's property. Did you not consider any of this when you planted it? Why did you plant such a tree and not say a line of evergreens which roots tend to run deep rather than along the surface.
I am having this problem with a neighbor and his Maple roots are running right through my yard and are now heading for the pool!! I water and he doesn't . This isn't fair. but...damaging his roots may be. Inconsiderate all the way around I think.
 

mwbarton

Member
Just curious here. Why would you not care if the roots of a tree were damaging someone else's property. Did you not consider any of this when you planted it? Why did you plant such a tree and not say a line of evergreens which roots tend to run deep rather than along the surface.
I am having this problem with a neighbor and his Maple roots are running right through my yard and are now heading for the pool!! I water and he doesn't . This isn't fair. but...damaging his roots may be. Inconsiderate all the way around I think.
What makes you think the OP planted the tree? The tree could have been left standing during the construction of the house.

Tree roots will not penetrate a foundation and damage it. They may draw all of the moisture from the earth surrounding the foundation which may cause foundation problems, however that can be prevented by regular watering. They may also find their way into existing cracks in the foundation which can cause foundation problems, however regular home maintenance should identify the problem early enough to be easily (and cheaply) repairable.

If there really is a concern, a root barricade can be installed. This would prevent the roots from reaching the area of concern.
 

izzie01

Member
There are many kinds of trees that have very agressive roots have been known to destroy foundations basements inground pools. Cottonwood is one off the top of my head. Also, original poster, roots popping up above ground is sometimes a sign its searching for water, some trees just do that, maybe can't go deep because of clay/rock. I would get a aborists and engineer to see what kind of tree and what kind of damage that type of tree can do.
 

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