Thread Options 
|
#549450 - 05/17/06 01:12 PM
Tree Roots
|
Platinum Poster
Joined: Feb 2005
Posts: 762
Mid-West
|
My neighbor is getting a lot of work done on her drains; they're digging up her yard and as I left for work this morning, there were already two trucks in her front yard. She said it was because of our tree. Are we liable if she has drainage problems because of our tree roots?
Help! I'm freaking out!
|
|
Return to Top
|
|
|
|
|
#549451 - 05/17/06 01:16 PM
Re: Tree Roots
|
10K Club
Joined: Dec 2002
Posts: 40,766
Turnpike Exit 10
|
Call your insurance agent and ask.
_________________________
Get your facts first, then you can distort them as you please. - Mark Twain
|
|
Return to Top
|
|
|
|
|
#549452 - 05/17/06 01:21 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
you are liable for damage caused by your trees. i am curious as to the actual damage caused by your tree roots however.
|
|
Return to Top
|
|
|
|
|
#549453 - 05/17/06 01:23 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
Yes, you would be liable, this happened to my father-in-law.
The tree roots busted the sewer line and he had to pay for the repairs.
|
|
Return to Top
|
|
|
|
|
#549454 - 05/17/06 01:28 PM
Re: Tree Roots
|
Power Poster
Joined: Aug 2004
Posts: 3,778
TEXAS
|
so now people are responsible for the direction that their tree roots grow??  That is so crazy! 
_________________________
|
|
Return to Top
|
|
|
|
|
#549455 - 05/17/06 01:44 PM
Re: Tree Roots
|
10K Club
Joined: Nov 2003
Posts: 12,846
|
I can't imagine that that's true. I've had a tree from my yard fall on my neighbor's house and my insurance said theirs was liable, so I can't see how roots would be different...
|
|
Return to Top
|
|
|
|
|
#549456 - 05/17/06 02:00 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
Quote:
I can't imagine that that's true. I've had a tree from my yard fall on my neighbor's house and my insurance said theirs was liable, so I can't see how roots would be different...
that's a heck of an insurance company you have, j. (i am guessing there was some kind of contractual indemnification involved)
|
|
Return to Top
|
|
|
|
|
#549458 - 05/17/06 02:07 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
I think tree roots usually get into the sewer line. I have a glorious maple tree in my front yard. It's old, leafy and provides welcome shade in the summer and beautiful color in the fall. It also invades my sewer line. I pay approx. $150 to have the line cleaned every two to three years and that lets me and the tree co-exist peacefully.
If you are liable, you might consider the 2-3 year cleaning cycle as an option to avoid any more troubles for your neighbor.
I am sort of surprised our neighbor waited for so long to identify a problem and to diagnose it. In my case, I had a one problem one time and then knew to get the line cleaned periodically. It never got to the "dig up the yard" stage.
iafarmer (I forgot to sign in)
|
|
Return to Top
|
|
|
|
|
#549459 - 05/17/06 02:12 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
Quote:
Quote:
I can't imagine that that's true. I've had a tree from my yard fall on my neighbor's house and my insurance said theirs was liable, so I can't see how roots would be different...
This same thing happened to my parents. A tree in their yard fell onto a neighbors yard, slightly damaging their car. My parents weren't liable because the insurance companies considered it an "Act of God" because it fell during a storm.
i think this has come full-circle now. there is legal responsibility for the trees on your property that damage the property of others. however, homeowners' insurance supplies the disoute resolution.
the distinction between suzy's predicament and j's and bigac's is that, chances are, suzy's situation will not be covered by the policy (nor will the other owner). like i said before, the best defense for suzy will be the actual damage caused by the tree.
|
|
Return to Top
|
|
|
|
|
#549460 - 05/17/06 02:54 PM
Re: Tree Roots
|
Power Poster
Joined: Aug 2004
Posts: 3,778
TEXAS
|
Quote:
Quote:
I can't imagine that that's true. I've had a tree from my yard fall on my neighbor's house and my insurance said theirs was liable, so I can't see how roots would be different...
This same thing happened to my parents. A tree in their yard fell onto a neighbors yard, slightly damaging their car. My parents weren't liable because the insurance companies considered it an "Act of God" because it fell during a storm.
now that I think about it, this also happened to my ex-in-laws and the neighbors were not held responsible b/c it was declared an "act of God". They had to pay for the damages themselves.
_________________________
|
|
Return to Top
|
|
|
|
|
#549461 - 05/17/06 07:28 PM
Re: Tree Roots
|
Platinum Poster
Joined: Feb 2005
Posts: 762
Mid-West
|
Just got back from the insurance agent's and we are not liable! This is considered an Act of God as we do not have control over the direction of our roots. I cannot tell you how relieved I am!! Thanks for all the good advice!
Now, the big question - do I make my neighbor some brownies or something to somehow convey that I'm sorry this happened? I do feel really bad. I think the problem got exacerbated because she kept putting off doing anything about it. She just thought she had slow drains.
|
|
Return to Top
|
|
|
|
|
#549462 - 05/17/06 07:33 PM
Re: Tree Roots
|
10K Club
Joined: Nov 2003
Posts: 12,846
|
Quote:
Thanks for all the good advice!
You're welcome.
Quote:
Now, the big question - do I make my neighbor some brownies or something to somehow convey that I'm sorry this happened?
I'd leave a dead fish on their doorstep to convey the lengths you are willing to go to if they mess with your tree's roots again.
|
|
Return to Top
|
|
|
|
|
#549463 - 05/17/06 07:34 PM
Re: Tree Roots
|
Anonymous
Unregistered
|
I could only see a law making you liable if you planted the tree with disregard for or without knowledge of where the water and sewer lines are. I think someone planting a tree has a responsibility to check for the utility lines. If not, I could envision an angry neighbor planting a tree on his property, but right next to your sewer or water line, with the secret intent of blocking or breaking your lines.
You should never plant a tree or dig a hole of any significant depth with first checking to see where the various utility lines are. Your utility companies will mark them for free.
|
|
Return to Top
|
|
|
|
|
#549465 - 05/17/06 07:45 PM
Re: Tree Roots
|
Power Poster
Joined: Aug 2004
Posts: 3,778
TEXAS
|
I think you should set the example for the kind of people that we all should be. Make them brownies and be friends.
_________________________
|
|
Return to Top
|
|
|
|
|
#549466 - 05/17/06 07:46 PM
Re: Tree Roots
|
Platinum Poster
Joined: Feb 2005
Posts: 762
Mid-West
|
Quote:
I think you should set the example for the kind of people that we all should be. Make them brownies and be friends.
I agree, That Girl. Thanks! 
|
|
Return to Top
|
|
|
|
|
#549468 - 05/17/06 07:52 PM
Re: Tree Roots
|
Platinum Poster
Joined: Feb 2005
Posts: 762
Mid-West
|
Quote:
Get them some blonde hair coloring so they can fix their roots!
|
|
Return to Top
|
|
|
|
|
#549469 - 05/17/06 07:54 PM
Re: Tree Roots
|
10K Club
Joined: Nov 2003
Posts: 12,846
|
Quote:
I guess I'll quit obsessing now.
Quitter.
|
|
Return to Top
|
|
|
|
|
#549470 - 05/17/06 08:03 PM
Re: Tree Roots
|
Platinum Poster
Joined: Feb 2005
Posts: 762
Mid-West
|
|
|
Return to Top
|
|
|
|
|
|
Previous Thread
Index