Vegetation Problem

[joe645]

I have a backyard neighbor who rents his home and thus does not take any care of growing vegetation along our common brick wall. Unfortunately, this vegetation grows into tree-like plants and emanate from the roots of a nearby elm tree. Last year, I offered to cut the growth. It is now regrown above the common 6' wall and its roots are cracking the base of that wall. What if any are my remedies against the owner?

 

[Just Blue]

I have a backyard neighbor who rents his home and thus does not take any care of growing vegetation along our common brick wall. Unfortunately, this vegetation grows into tree-like plants and emanate from the roots of a nearby elm tree. Last year, I offered to cut the growth. It is now regrown above the common 6' wall and its roots are cracking the base of that wall. What if any are my remedies against the owner?

What state?

 

[joe645]

Las Vegas, NV

 

[quincy]

I have a backyard neighbor who rents his home and thus does not take any care of growing vegetation along our common brick wall. Unfortunately, this vegetation grows into tree-like plants and emanate from the roots of a nearby elm tree. Last year, I offered to cut the growth. It is now regrown above the common 6' wall and its roots are cracking the base of that wall. What if any are my remedies against the owner?

Is this the same property owner whose tree roots you had a problem with in 2019 (https://forum.freeadvice.com/threads/property-maintenance.655575/)?

Generally, common walls (party walls) are the equally shared responsibility of the property owners who have the wall in common. The property owners share equally in the repair and maintenance of the wall.

The owner of the tree is the property owner who has the tree trunk on his property and the tree owner is responsible for the care of the tree up to his property line. The neighbor can, however, cut any tree branches that overhang his property or any tree roots that intrude on his property, taking care not to kill the tree. Any branch and root cutting by the neighbor on the neighbor’s property is at the neighbor’s, and not the tree owner’s, expense.

That said, when the tree or tree roots cause damage to the common wall, the cost of wall repairs will fall on the tree owner. You can sue the owner of the tree for the cost of wall repair and seek to have the tree removed to prevent future damage.

 

[joe645]

Yes this is the same property. The property management company's response to my letter was; "Owner will not be removing any plants at the time or replacing the block wall. It is the tenant's responsibility to maintain the landscaping."

 

[quincy]

Yes this is the same property. The property management company's response to my letter was; "Owner will not be removing any plants at the time or replacing the block wall. It is the tenant's responsibility to maintain the landscaping."

So ... how do you intend to respond?

You potentially could have an attorney send a letter to the property owner letting him know of his legal responsibility.

 

[joe645]

The property management company referred me to their repair division and they are looking into it. More to come.

 

[Zigner]

Yes this is the same property. The property management company's response to my letter was; "Owner will not be removing any plants at the time or replacing the block wall. It is the tenant's responsibility to maintain the landscaping."

It almost sounds as if they think you're the tenant.

 

[quincy]

The property management company referred me to their repair division and they are looking into it. More to come.

An update would be nice.

 

[FarmerJ]

This would be a good time to call your city to learn if any repairs to the wall would require a permit , since its likely a property management firm would rather use its own cheaper labor than pay a pro to repair this I can imagine if your city says a permit is required then you may want to make sure the owner and the PM firm know that via certificate of mailing in a letter you or your attorney sends.

 

[not2cleverRed]

our common brick wall.

What do you mean by this? While I realize that the brick wall separates the two properties, that does not necessarily mean that it is jointly owned/maintained. You should first determine whether indeed this is technically a common wall, or in fact owned by one or the other party.

It almost sounds as if they think you're the tenant.

I was wondering that as well.

Perhaps Joe should just get an estimate for repairing the WALL, since that is the real issue, and communicate to the property manager that due to the damage caused by their neglect, Joe holds them responsible for the cost of the REPAIR.

 

[joe645]

It is a common wall to each property as it divides the property line as does the side block walls. (Mobile Home Park). The wall at this time will not require any repairs but the vegetation left unchecked would eventually cause more cracks at base which then would have to be acted upon.

 

[quincy]

It is a common wall to each property as it divides the property line as does the side block walls. (Mobile Home Park). The wall at this time will not require any repairs but the vegetation left unchecked would eventually cause more cracks at base which then would have to be acted upon.

No damage yet? Make sure the owner of the tree knows that there is a good possibility of future problems with the tree and what needs to be done to prevent these problems (e.g., remove the tree). Send this formal letter by certified mail, return receipt requested, and keep a copy of the letter for your records.

The letter puts the tree owner on notice.

IF the tree causes damage to the common wall in the future, you will have the letter to support a future legal action to recover your costs of repair.

Until you have damages, you have no legal action to pursue.