I mentioned this to him the other day & told him to look over the fence to see what his tree has done. I haven't heard anything back from him, but it is lifted it up so much it's not only dangerous it's also unsightly. I am getting the feeling he plans to do nothing about this because he loves the
I mentioned this to him the other day & told him to look over the fence to see what his tree has done. I haven't heard anything back from him, but it is lifted it up so much it's not only dangerous it's also unsightly. I am getting the feeling he plans to do nothing about this because he loves the shade he's getting from his tree. It is a Chinese elm that grows so fast it's unbelievable. I dealt with one of these types of trees at another place I lived & I had it removed. It destroyed the walkway over there also. In that case it was my tree though. I've been told by someone I could dig under the cement and cut the roots, but wouldn't that kill his tree causing the neighbor to go crazy? I'm sorry this has happened, but something has to be done. I paid a lot for my house, & it's very unfair for it to be destroyed like this. I'm thinking of moving next year. I also can't rent it out like this!!!
You have a few options here and none of them include you waiting to move. The law on this varies somewhat state to state so you will need to talk to a lawyer at some point.
In most states they are damaging your property. They are responsible for not only stopping the damage from getting worse but fixing what has already been damaged. You need to take action now. The longer you wait the more damage. Get a quote to fix the concrete and get rid of the roots in your yard and tell them either pay it or you will sue them.
There are states that it is your problem. The good thing about those states is you have every right to do whatever you want to the roots in your yard no matter what it does to his tree.
There are even states where the law is a mix of the two.
Excellent advise from WRG
Imagine what damage it is doing that you can't see……….and its roots span out approximately the same distance to the height of the tree….how about your house foundations?
Get a survey, get quotes and sue if necessary
Consider the fact that the tree's growth may be clogging your weeping tiles at the
base of your foundation. You might want to sell sooner than later.
If you can prove that his tree has caused the damage, you can demand that he pay for repairs or you can sue him. If you cannot prove it, then the repairs are on you. What do you care what he thinks? You have a right to cut damaging roots on your property, especially when they are damaging your property.
you can do what you need to do on your property, this is probably going to mean you dig up your yard, cut the roots as much as you can that are invading your property, it this causes the tree to die that is his problem, yours has been solved
with limbs, anything overhanging your property is your responsibility..i don't know if it is the same with roots…but if you remove the root, the whole tree could fall….and you would be liable for damages and injuries
Get your chain-saw out.