Attack Of The Invasive Tree Roots! Help!

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My neighbor's tree roots are lifting up my driveway and will be effecting my foundation soon if I don't do something. A property inspector told me to dig a trench and kill the tree's roots that are on my property line -- after the roots die, my driveway will level out to some degree in time. The neighbor doesn't want do do anything about the roots (I hate to take him to court about this) and we made an arrangement that we will incur the cost of cutting the roots if he does not hold us liable if thetree should die because of us cutting the roots or any damage which may be caused by it's demise. Is there anything else we may be reponsible for should we accidentally kill his tree? Anyone incounter anything like this before and have any words of advice. Thank you. :-o [ Edited by HouseHuntersUSA on Date 03/28/2004 ]

Comments(6)

  • jackman28th March, 2004

    i know roots grow as far into the ground as the tree stands above ground, but for my own benefit, i've brought out the axe and cut the ones above ground before and had nothing bad come of it. just go ahead and cut them. if they cross your property line, then hey .. it's your ground. just like you could get hedgecutters and shim up the side of his branches that cross over your line. looks freaky, but it's your property. who knows what's worth more, the tree dying or you replacing your driveway and foundation. i'd take that battle anyday and chop away.

  • HouseHuntersUSA28th March, 2004

    It's a magnolia tree about 15-20 feet from the concrete. The neighbor has had to cut it's roots already because it was growing into the sewer line. The tree seems pretty hardy, but a lawyer told me that if I cut the trees roots (although it's on my property) and I accidentally kill the tree -- I can be sued for the tree's value and it's removal/replacement. Great. Thanks for your advice. I'm going to chop away and hope I don't get sued.

  • jackman28th March, 2004

    let me apologize up front if anything bad happens to you!

    BUT, i've done it before and thought nothing of it (i guess it's just my naivety). i doubt the few roots that would spoil your home would kill a tree of that size (you may not get at a quarter of them, no matter how hard you try).

    good luck hh!!

  • HouseHuntersUSA29th March, 2004

    Don't worry. I won't hold you responsible... but my lawyer might. Just joking. wink

  • Lufos29th March, 2004

    Dear Househunter,

    Trees are different, some go deep for water and some just spread along the top of the soil. The shameless ones can actualy be seen while peering at the lawn.

    Here is what I do here in the slums of North Hollywood. I take my neighbor, the proud owner of the tree and I walk him around. Show him the upsurge of the sidewalk. You know thats the spot all the skateboarders become airborne. It's a fun thing.

    I explain where I am going to cut and what the probable effect will be, but also sometimes a tree will just give up and die. Takes a little while but it does happen. Having explained it all and having a witness present, or even better I give him a little letter agreement. I sign it and he signs it. Thats it. Now go to work.

    Where the roots are on the surface and are lifting sidewalks and driveways. I dig down and cut them and am very carefull to remove all of them the biggys and the little roots in training. I do not use any of the poisons cause they have a tendency to travel and that travel can be in more then one direction. So I just really terminate the roots and I create at least a six inch gap. The form is enplaced.

    I then remove the offending sidewalk or driveway and this time I put in a steel wire mesh and I may even tie in a few number 4 R Bars and wire them to the mesh. I put a few little concrete tie ons to lift the wire and then I pour. I finish with great care and put in a few lines so that on some future occasion when the concrete tries to crack or move. (Calif you know) the crack will fall on a crack line. The neighbors sign their names in the new fresh concrete. I like the Hmongs signature best of all I supply a little brush just for him. Very festive.

    Thats it. We drink all the beer, the Albanian sinks a song with me. The Dursi speaker asks me to translate he did not really mean he was going to kill everybody who touched his http://www.tree.Its just an old Afghan custom. The other neighbor from Guatamala asks me to tell everybody not to call him Cholo. Problem is nobody knows what it means. So we decide on Mr. Chapino, some kind of a nut that only grows down in Guatamala. We all laugh and go our separate ways and the new sidewalk is smooth and beautiful and the tree who is most annoyed drops another pod on my head.

    Thus is life lived in the meeting ground of the world. The slums of North Hollywood. We all love it.. Four gang signs to go to the market and about 15 languages to throw a neighborhood party.

    Lucius 8-) 8-) 8-) [ Edited by Lufos on Date 03/29/2004 ]

  • HouseHuntersUSA29th March, 2004

    Lufos,

    You're amazing! If you weren't married (and I wasn't of course), I'd marry you!

    Thanks again for all your helpful advice.

    When we have our beer, we'll say a special cheer in your honor.

    Cheers!

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