Neighbor's Trees ruining our fence and pool.

sonny2April 16, 2008

Help, we have a pool in the back yard that our gardener said is in major danger of tree roots from the neighbors tree puncturing the inground pool walls. The roots have already lifted the deck in some areas. The neighbor has acknoleged the problem and said he would look into it. that was 3 mo. ago. We just had a real bad wind for 2 days and the one tree that is almost dead has noticably shifted.

should it fall,our back side of the house is gone.

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get an arborist out to lok at the dead tree. then notify your neighbor in writing that it is unsafe. send the notification certified with return receipt. at the same time mail another copy of the letter to yourself, but do not open it. this way if you ever have to go to court you have a copy of the letter you sent him tha tcan be opened by the judge and the postmark will verify the date it was sent.

as far as the roots go, in my area they would be your problem, not his. once it crosses the property line it become your responsibility. rent a trencher and cut the roots on your side.

    Bookmark   April 17, 2008 at 10:35AM
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I am not a lawyer but have seen one on tv...Saw a episode about a tree over hanging someone elses property. Anything above and below your property line is yours to do with as you wish. You should be able to trim and cut roots on your property. If owner is notified of a tree in bad shape and something falls off it its their responsibility. But roots? Call your homeowners insurance see if they have anything to say about it. Agree with previous poster a letter should be sent to document your complaint/request/notification...Maybe he is just procrastinating, also it can be expensive to have trees removed, maybe he can't afford it. Tell him you will call around to get some bids to remove the tree, maybe even offer to help with the cost if he can't afford, be less than pool repair.

    Bookmark   April 17, 2008 at 2:13PM
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Regrettable when these situations arise. You like your pool, the neighbor likes his tree. I have personally removed, at various times, 5 trees (mine) that fell onto houses that I own. My personal residence, completed 3 years ago, has no tree that could hit my house if it fell. Wife likes that idea too.

    Bookmark   April 18, 2008 at 8:06PM
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