Neighbor cut the roots on my tree

[matt_sabre]

Hello forum, I signed up because I have a neighbor dispute in the making. Neighbor is replacing their fence and first wanted me to remove my tree. I was adamant that this would not happen and said that he was within his rights to prune branches and roots on his side of the property.

It now transpires that his worker has cut into the roots on my property line. My main concern is that he has done this incorrectly and that the tree is in danger. I'll attach pics of the damage tomorrow. Here are some pics of the tree.

It's big so I assume there is an extensive, healthy root system. The cuts were made at the base of the trunk where the tree sits on our property about three feet higher than the ground on the neighbor's property.

I don't want to go about this and cause a major dispute but I want to stress to my neighbor that they will be in trouble if the tree dies. Assuming that I am legally correct with this? I guess I need to know if I need an arborist to look over the damage and treat the tree in any way. I know nothing about tree care. Any help and advice would be greatly appreciated.

Thanks

Matt

 

[AGoodSteward]

Trees and fences don't play well together. While I hate to see a good Tree go to waste ,if they are growing in the wrong spot then sometimes they need to go.
It sounds like you need to have a big fence between your neighbor and you.
Probably you want an attorney. Then ask him if you need an arborist for professional opinion.

 

[ATH]

Probably worth having the damaged evaluated and possibly the tree appraised. I looked at one of these situations a couple of weeks ago. A big tree had the root flare growing into the neighboring garage wall. She was worried it was damaging the floor...which I am not sure it was. The neighbor was testy, to say the least. They wanted to cut off one whole side of a root flare. I said that would destabilize the tree. She said well then what am I supposed to do about my garage? Client asked me what he should do if she makes he cut. I said 'I am a tree expert. I am telling you that cutting those roots as described will deatabalize the tree. I don't claim to know about the legal ramifications one way or the other' (I have a vague understanding...but to offer advice on such here compromises the strength of my ability to claim expertise in the piece I was hired for...as would an attorney offering an opinion on the health of a tree weaken his/her legal opinion.

Point being: in situations like this you probably need both...

 

[gorman]

Make sure you hire an arborist with some history of assessing tree values and being an expert witness. These are hard to come by.

 

[matt_sabre]

Any recommendations in the Sacramento area?

Thanks for the replies so far.

 

[gorman]

Here's a start.

http://www.asca-consultants.org/search/custom.asp?id=3818

 

[unclemoustache]

Hmm - why is he wanting a fence there? I don't see that it's particularly useful ground, and it's certainly not crowded space. He should just move the fence back onto his own property a couple feet and avoid the problem. Sounds like a jerk to me. Good fences make good neighbors.

 

[derwoodii]

Good fences make good neighbors.

and Robert Frost mending wall poem is very apt for this thread, lets see what damage has been done when pictures are posted


https://www.poetryfoundation.org/poems-and-poets/poems/detail/44266

 

[grizz55chev]

Hmm - why is he wanting a fence there? I don't see that it's particularly useful ground, and it's certainly not crowded space. He should just move the fence back onto his own property a couple feet and avoid the problem. Sounds like a jerk to me. Good fences make good neighbors.

You answered your own question, good fences, etc. do you put a fence 2 ' over on your neighbors side or 2' over on your side, ? Maybe just change the kind of fence that goes around the tree. Fences are put up for a varity of reasons, security, keeping your pets from wandering, privacy, etc. I'd reserve judgment until all facts are known. I installed a fence between me and my neighbor to enclose our horse, he was standing right there when it was done and I made sure that the property line was agreed to, never had one problem.

 

[mohick]

HUH "cut on his side of fence" you'r S O L I would say his property his cutting no foul!!!!!

 

[derwoodii]

the words to be used in tort law courts will be foreseeable or likelihood of risk harm or injury by cutting of tree roots on either side of a fence

 

[jefflovstrom]

The law is different depending where you live. Where Matt lives, the neighbor does not have the right he thinks. I just sat thru a seminar on trees and the law.
Matt, you should contact Dennis Yniguez.
Here,,http://treedecisions.com/
Jeff

 

[BC WetCoast]

The law is different depending where you live. Where Matt lives, the neighbor does not have the right he thinks. I just sat thru a seminar on trees and the law.
Matt, you should contact Dennis Yniguez.
Here,,http://treedecisions.com/
Jeff

I had Dennis as a team leader when I did the ASCA Consulting Academy. Arborist/Lawyer - really sharp guy and easy to talk to.

 

[derwoodii]

Only problem is legal avenues can cost $$$ more than tree value or removal

 

[Zale]

Lets see some pics of the damage.

 

[ATH]

Only problem is legal avenues can cost $$$ more than tree value or removal

That would go on the defendant's bill...

 

[derwoodii]

That would go on the defendant's bill...

down here only after you filed suit,, got them to court, proven case, won and then claim $$ costs... if your the plaintiff in civil tort you take on all the $$ & burden they can sit back watch you spend $$ while work the system to hinder and obstruct & all the time able to fold hand and settle out of court if ever looks likely might loose and even if you win they can claim hardship pay 5 bucks a month for ever.. unsure US legal methodology but suspect its much the same..


Voodoo dolls & rusty pins are cheaper and more likely to provide remedy

 

[ATH]

Yeah...same here. You just have to have a pretty good idea whether you are going to win or not. But so many cases are "nobody wins...except the lawyers".

 

[rarefish383]

Another problem you have is, pending on the percentage of the root system cut, is it can take 3-5 years for sign of decline to sow up. Maybe 10 years to do it in. Taking a year to go to court, and they bring in pics of what looks like a healthy tree, the Judge has to take into consideration the opinion of the expert, but he/she does not have to believe them. If it looks healthy the Judge may just think the advice of the expert is just a bunch of future fortune telling.

 

[DR. P. Proteus]

Really!? There!? In the middle of nowhere? All that space and the guy needs to put a fence exactly right there? Is he a homosexual? Are you?