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Neighbor has a tree about 15ft from my garage and patio and the tree roots are growing under groung towards my garage foundation and patio and has cracked my foundation a little the root are sticking up above ground also and for me to get in my fence to my patio i have step over about 5 roots trip hazard i said something to her and she said for me to dig and cut the root out she didn't care i think she should have tree cut down and stump and roots grounded up at her cost not mine. What would yall do? I am thinking about calling my insurance company and see what they say and maybe let them handle it .

Thanks N2CROME
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The neighbor's tree is essentially trespassing on your property now and causing damage. It needs to be removed by the neighbor and any damages caused by their tree paid for by the neighbor. Of course, the neighbor has to be formally notified of this and given reasonable time to act on it. Call your insurance carrier and ask them how to procede. They can handle the claims for you and subrogate back against the neighbor or their insurance carrier. Hope this helps.

PS-this tree is not a boundry tree is it?
quote:
Originally posted by DeepFat:
n2,

the roots on your property are your roots. Do with them as you please.


DF


Not necessarily so. The roots are part of her tree. I would be very careful about cutting the roots out since it could kill the tree and then if it falls due to this it could be round-about his liability.
quote:
Originally posted by Hound Dog Blues:
If your neighbor's tree did $10,000 worth of damages to your house or car and you had no insurance who's responsible , you or the neighbor?


If the tree falls over onto the house, the neighbor pays (unless it's an "act of god"). Roots don't just instantly pop up and cause instant damage so the neighbor is faultless.
quote:
Originally posted by Ironic Pentameter:
quote:
Originally posted by N2CROME:
i think she should have tree cut down and stump and roots grounded up at her cost not mine.


I think you're nuts. I'm sure you neighbor does, too.

quote:
What would yall do?


If you can't do it, pay a teenager 5 bucks to do it for you.


I don't think so...

I believe the Teenagers Union has just increased minimum odd jobs wages to $10 per hour.
This reminds me of my. Our neighbor has one of those trees with helicopters on it every year my complains that the helicopters get in our pool. We always discuss why he don't cut down the tree. I am a don't rock the boat sorta gal, so that's what I go with. I really think if your property is being damaged a good neighbor would appreciate your property enough to resolve the problem. It to me would just be the respectful thing to do.
As long as you don't kill the tree or damage it, you are free to cut the roots that are on your property. If they start to cause damage to your property than YOU will be the one who will be found negligent if you didn't take steps to remedy the situation before it got out of hand. But as to right now, your insurance company probably won't do anything. We had a huge Bradford Pear fall during the last round of storms and were told that unless it damages or falls on a structure, there is nothing they can or will do about it.

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