Tree damage

[czcon1]

New York
I have a unique situation and need guidance. My neighbor has a very big tree about 5 feet from my property line, last May I had a vinyl privacy fence installed. We had a storm with high winds that actually tipped the tree towards his side but it's still standing and the roots lifted the dirt and sod up under my fence about a foot and a half. So now I have a couple of panals way out of wack and a huge mound in my lawn. I need to have that ground graded to repair my fence. If I have some of those roots grinded on my property to fix my fence will I be responsible if the tree falls over? And should I write a letter informing him about his tree causing damage to my property? Also he got an estimate for removal and told me it's to expensive so he's not doing anything. Any advice, thanks.

 

[LdiJ]

New York
I have a unique situation and need guidance. My neighbor has a very big tree about 5 feet from my property line, last May I had a vinyl privacy fence installed. We had a storm with high winds that actually tipped the tree towards his side but it's still standing and the roots lifted the dirt and sod up under my fence about a foot and a half. So now I have a couple of panals way out of wack and a huge mound in my lawn. I need to have that ground graded to repair my fence. If I have some of those roots grinded on my property to fix my fence will I be responsible if the tree falls over? And should I write a letter informing him about his tree causing damage to my property? Also he got an estimate for removal and told me it's to expensive so he's not doing anything. Any advice, thanks.

Based on what you have described if you cut/grind the roots on your side the tree WILL fall. If it does serious property damage or hurts someone when it falls you are going to have a problem. On the other hand, I suspect that the tree will eventually (maybe a few months maybe a few years, maybe the next major wind storm) fall anyway, and if that happens its not your problem for sure.

I am not sure what I would do, but I would honestly consider just waiting until the tree falls on its own to repair your yard/fence.