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tree roots

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FraninNewMexico

Junior Member
What is the name of your state? I live in Albuquerque, New Mexico. Between my neighbor's property and mine is a common cinder block wall. Her property sits about 5 feet above mine. All along this wall are established trees, over 25 years old. Her backyard has an in-ground plastic-type pool. (life expectancy 10-12 years) She waters the grass around this pool, the water line is visible 5 feet up on my wall. Three years ago, she said my large oak tree had roots trying to pop up into the bottom of her pool. I cut this beautiful tree down at my expense and told her, her watering grass right next to the wall was probably inviting the roots up. Last year she came back and said now all my trees should come out because of the root problem and claimed the wall was leaning due to my roots. I had a contractor take a look at the wall, he suggested the pressure of the earth and water, 5 feet higher on her side, was what was pushing the wall out not my tree roots as she suggests. I suggested we share the cost of removing my trees and replacing them with something inexpensive and non-invasive and share the cost of our common wall repair. She didn't like that idea. Now, I have a letter from an attorney advising I have 5 days to correct this or she will repair everything and I will be responsible. I know the letter is a "bully" to action. I have tried to search NM law on-line to find out just what law I am supposidly violating but I can't find one. I might add that last year when a local tv station did a call-in to a panel of attorneys for free advise, two calls netted the same answer. I'm not breaking any law. I've checked zoning and environmental. Any suggestions would be appreciated. Thanks Fran in New Mexico
 


S

seniorjudge

Guest
FraninNewMexico said:
What is the name of your state? I live in Albuquerque, New Mexico. Between my neighbor's property and mine is a common cinder block wall. Her property sits about 5 feet above mine. All along this wall are established trees, over 25 years old. Her backyard has an in-ground plastic-type pool. (life expectancy 10-12 years) She waters the grass around this pool, the water line is visible 5 feet up on my wall. Three years ago, she said my large oak tree had roots trying to pop up into the bottom of her pool. I cut this beautiful tree down at my expense and told her, her watering grass right next to the wall was probably inviting the roots up. Last year she came back and said now all my trees should come out because of the root problem and claimed the wall was leaning due to my roots. I had a contractor take a look at the wall, he suggested the pressure of the earth and water, 5 feet higher on her side, was what was pushing the wall out not my tree roots as she suggests. I suggested we share the cost of removing my trees and replacing them with something inexpensive and non-invasive and share the cost of our common wall repair. She didn't like that idea. Now, I have a letter from an attorney advising I have 5 days to correct this or she will repair everything and I will be responsible. I know the letter is a "bully" to action. I have tried to search NM law on-line to find out just what law I am supposidly violating but I can't find one. I might add that last year when a local tv station did a call-in to a panel of attorneys for free advise, two calls netted the same answer. I'm not breaking any law. I've checked zoning and environmental. Any suggestions would be appreciated. Thanks Fran in New Mexico
You are correct and she is wrong.
 

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