Will their insurance liability cover it. The roots have been damaging my concrete driveway and the foundation of my house. Posted by fr33manator on 3/3/19 at 3:34 pm to ccw Climb up one night and carve “Robert E Lee was here.” That’s not to say it can’t happen, just that the damage is often caused indirectly. This is not a simple pruning job with a branch overhanging your roof. Conduct a friendly discussion with your neighbor about the tree root problem. Insurance and liability . The tree roots need not be the only cause of the damage, such as in this case where normal wear and tear or failure of the sub-grade could have contributed to the cracking of the concrete slab. Cut the root from the tree. Yes, I was wondering – I’ve got a maple tree that’s growing right near my concrete driveway. My Neighbor’s Tree Roots Damaged My Driveway. Posted by real turf fan on 3/3/19 at 3:10 pm to DeafJam73 Take the affected slabs up, put down gravel, and expect people who appreciate considerate neighbors to place you on a pedestal. That is, for every inch at DBH (Diameter at Breast Height — measured 4.5 feet above the ground), the roots will extend up to a foot and a half away from the tree trunk. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condo’s property has roots encroaching onto my property. The key to resolving the issue is to take action. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Is damage from trees covered by my household insurance? Ultimately, it is the lack of planning or the proper information to form a plan that lead to situations such as these. Paint tree killer onto the cut root. I would try to talk to the Executor. A twelve inch trunk at DBH means roots are extending up to eighteen feet away from the trunk in every direction. If the tree must come down, you may need to bring a private nuisance case against the condo association, seeking a mandatory injunction directing the association to remove the tree. If the tree is a keeper in your landscape and the roots in question are vital to its survival, there are construction options or methods which will allow the coexistence of the roots and your driveway. re: Neighbor's live oak tree roots cracking my driveway. When wayward roots threaten people’s properties, it can be hard to spur the owner to action. What are my legal remedies? The roots from this tree have also broken through my lovely lawn as well to the point where the root has come up in some parts on top of the lawn. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. A brief guide to tree work terminology and definitions. The tree roots are dislodging the concrete pavers in my driveway. http://treecareadvice.blogspot.com/2015/12/properly-planting-canadian-hemlock.html, Tree Roots Are Buckling My Concrete Driveway, Climate Change: Scare Tactics Vs Reactionary Politics Means We All Lose, Trade and climate change increase pest threat to Europe’s forests, New Research Illustrates the Complexity of Reef Restoration, Pricing carbon is essential but inadequate, Sustainability Considerations in Choosing the Notebooks I Write In, It’s 50 Years Since Climate Change Was First Seen. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. I'm looking for suggestions on what to do with what looks like will be an ongoing problem. Tree Roots vs. Driveway Total People in Discussion: 2. Some homeowners have trouble with their tree roots when they grow under their sidewalks, driveways, patios, and other shallow, concrete structures. If #1 is not possible, what to replace the trees/bushes with. in 2009 I replace a side walkway due to cracking and raising at a cost of $810. However, a wound this large leaves the root susceptible to insect and disease. I have consulted a tree and … read more. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. Often times, this allows rot to reach all the way back to the trunk, seriously compromising the health of the tree. Hello, We bought this house a few years ago and the driveway showed signs of the roots from the neighbour's boundary trees lifting it. Tom can help. Notwithstanding, tree roots growing onto your property may constitute a nuisance if indeed it is causing say damage. The tree root is/has cracked or broken the slap the patio stones are laid on by the looks of it. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. A way to prevent the tree roots from growing under the driveway again forever. Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. Cut the root from the tree. Tree Roots Less Than Two Inches in Diameter — Tree roots this size are typically able to regenerate. When Tree Roots Burrow Under Your Sidewalk or Driveway. 14,122 satisfied customers. If they have grown under the driveway, the driveway is now a part of its structural integrity. Hello, We bought this house a few years ago and the driveway showed signs of the roots from the neighbour's boundary trees lifting it. Tom Kraeutler. The previous owner had the driveway paved with asphalt approximately 6-7 years ago. When a foundation has movement it may cause damage as well as a number of problems with the home ranging from minor cracks up to structural failures, depending on how much movement occurs, the period of time the movement occurs over and the severity of the movement. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. More often than not, by the time tree roots have buckled your driveway, you may be faced with the ultimate removal of the tree, if you are to break up and re-lay the affected portion of the driveway. Most tree roots will die if cut, however, some roots will need to be treated with a tree killer. When the soil underneath a tree is compacted by heavy machinery or used as a storage area for a construction site, the roots beneath the surface are literally being choked to death. The project is completed by using edging along the sides to prevent the aggregate from spreading laterally. Tree roots cracking driveway. Follow us on Twitter: @nytrealestate. The trees appear to be about 25 years old. The answer to this isn’t quite as simple as it may seem. Chopping some roots will not necessarily kill a tree and the chopping by a non-owner would probably be frowned upon legally. What can I do? The tree is lifting and cracking my driveway. When I purchased the home, the driveway had a crack and was raised due to a tree root coming from my neighbors tree. ... Causation is important as well as whether you have notified the deceased person in the past about the tree roots encroaching on the property. Once the concrete has been removed, the surface below is covered with driveway fabric (aka: geotextile fabric), then four to five inches of dense grade aggregate (DGA) or road stone. There are two mature trees by my driveway, one on my side and one on my neighbour's. However if you was to cut roots in such a way that leads to the tree falling then you in turn are causing damage If you have insurance then may be an idea to leave them to it. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Tree roots constantly seek a water source, in doing so, they can spread very deep or very shallow and in a very large radius from the trunk. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. My neighbor keeps threatening me that she will sue me for a new driveway because a tree in my back yard is breaking up hers up. To kill and remove a tree root without killing the tree, first, use a shovel or pick to dig around the root. I live in Los Alamitos, CA (90720). I am now getting threatening letters from the HOA telling me that I need to replace the driveway. Eventually, this will result in the decline of the tree’s health, leading to its death. We sent a certified letter letting the owner know about the problem. Once a tree is planted, frequent watering will help its root system to grow deeper. If your driveway or drains have been affected by roots, this does not necessarily mean that your house will be damaged next. Planting a tree too close to a structure is like inviting a bull into a china cabinet. Can I get my neighbour to cut back or reduce the height of their trees or hedge? 2.40 Tree roots can also cause the swelling and shrinking of subsoil underneath the topsoil. She is being uncooperative. My neighbor's tree-roots are destroying my driveway. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Root damage to buildings is much rarer and is usually caused by subsidence: an entirely different mechanism to driveways and drains damage. I can't see … Tree roots are one of the major reasons for foundation problems and may cause a foundation to crack, tilt or shift up and down. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. If the board fails to act, and the roots on your property can be removed or shaved without compromising the tree, hire someone to do the work for you. Include a letter from the arborist detailing the recommendations, as an outside voice may carry more weight. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… Severing roots, especially roots that are large enough to crack a driveway, is a great way to destabilize a tree both in terms of health and balance, and you could easily end up owing the neighbor the value of the mature tree (which can run into the tens of thousands). Later, you can sue the condo association in small claims court for the costs you incurred and the damage done to your property. Three honey locust trees are growing in a local suburban landscape, and the owner of the neighboring property is concerned that the tree's roots are starting to lift and crack his asphalt driveway. A house foundation condo ’ s tree roots have uplifted my driveway concrete... Submitted an ARA to have the right to remove my tree and the HOA her. Detailing the recommendations, as well as with your homeowner ’ s not to say can. 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