Neighbors Tree pushing Down My Retaining Wall

[Salamore]

What is the name of your state? Trumbull, CT :

Please Help! Our driveway slopes down into our garage under our 1955 ranch style house. As you pull down our driveway we have a retaining wall on the left side that probably was built the same time as the house, right on top of the retaining wall about 8 inches into my neighbors property is 1 VERY large maple tree and lots of bushes, a few feet next to that is another Large maple tree. There are two Large Cracks directly lined up to the roots of both these trees, pushing our retaining wall forward (towards our driveway, ready to topple over.) The wall is tilted into our side and is very unsafe and eventually will fall.

Two years ago our neighbor's husband told us he was going to cut the trees down because he said, and I quote "I know these trees are helping to push your retaining wall down". My husband and I said "yes they are". A few months later he left his wife and now they are divorce. We decided not to upset her and would wait a while. Well, here we are two years later and we recently tried a few times to talk to her about removing the two trees, she said she never heard her husband say that, and she believes the dirt (her dirt) is pushing our retaining wall down, but she is not responsible. We recently had a new dirveway installed which cost us about $4,000.00. We got two professional masonary contractor to come out and give us quotes on a new retaining wall, BOTH said until our neighbor's trees are removed they will not install a new one, because they can't quarantee that the new wall will stay up as long as the trees are still standing.

We have approached her nicely and we ended up in an arguement twice, she said "I challenge you to take me to court" We were friends now we no longer speak.

PLEASE someone give us some advice, we are going to call a lawyer
soon. Is their anything the town can do or do we have to take this
to court?

 

[seniorjudge]

What is the name of your state? Trumbull, CT :

Please Help! Our driveway slopes down into our garage under our 1955 ranch style house. As you pull down our driveway we have a retaining wall on the left side that probably was built the same time as the house, right on top of the retaining wall about 8 inches into my neighbors property is 1 VERY large maple tree and lots of bushes, a few feet next to that is another Large maple tree. There are two Large Cracks directly lined up to the roots of both these trees, pushing our retaining wall forward (towards our driveway, ready to topple over.) The wall is tilted into our side and is very unsafe and eventually will fall.

Two years ago our neighbor's husband told us he was going to cut the trees down because he said, and I quote "I know these trees are helping to push your retaining wall down". My husband and I said yes they are. A few months later he left his wife and now they are divorce. We decided not to upset her and would wait a while. Well, here we are two years later and we recently tried a few times to talk to her about removing the two trees, she said she never heard her husband say that, and she believes the dirt (her dirt) is pushing our retaining wall down, but she is not responsible. We recently had a new dirveway installed which cost us about $4,000.00. We got two professional masonary contractor to come out and give us quotes on a new retaining wall, BOTH said until our neighbor's trees are removed they will not install a new one, because they can't quarantee that the new wall will stay up as long as the trees are still standing.

We have approached her nicely and we ended up in an arguement twice, she said "I challenge you to take me to court" We were friends now we no longer speak.

PLEASE someone give us some advice, we are going to call a lawyer
soon. Is their anything the town can do or do we have to take this
to court?

Hire a lawyer immediately. Your neighbor is trespassing. If she will not stop, then sue her.

 

[Weebee]

Same problem

We had the exact same problem; however, our neighbor cut down the trees (after the damage was already done). I contacted my insurance company and found out later that (1) my insurance would not cover to replace the retaining wall; and (2) it was considered a "claim" against my insurance for asking; (3) they cancelled my policy. There is a "stump removal" solution which you can purchase from any store which deals with nursery products which will kill perfectly healthy trees. (Wait until dark.) Good luck.