Forum
« Alternate Side Pk Changes? Brownstone Lottory winner »
November 26, 2008
Tree roots crossing boundaries
My neighbor complains that roots from my tree are invading, and compromising his foundation. He wants me to cut it down. The tree is four stories high, and provides ample shade, for my house and the streetscape, and I'm loathe to chop it down. Is this my problem, or his? Are roots, like over-hanging branches, the responsibility of the over-hangee? Can he demand that I commit arborcide?
Comments
If your tree is causing problems he has the right to have you pay for remedial work. It's quite different from overhanging branches. It'd be a lot cheaper for you to get the root taken care of. Maybe a good arborist could figure out how to just deal w/ that one root.
Posted by: Arkady at November 26, 2008 1:46 PM
Does he have some kind of proof that this is happening? NYC is full of crackpots with weird ideas. In the absence of proof, I'd tell him he's SOoL (but you might want to say it in a nicer way....)
Posted by: slopenick at November 26, 2008 1:47 PM
Due to recent changes in the city code regarding street trees, you must get approval for cutting any root from the city.
My recommended first step would be to contact the city via 311 and request a root cutting appointment... See what they say. Maybe they will tell your neighbor that the roots can't be cut. Or maybe they will tell you that you can cut the roots infiltrating your neighbors yard, but keep the rest of the tree intact.
At all costs, I would strongly urge you not to cut the tree down, although you will clearly need to address your neighbors problem.
Lastly, if you have to spend any money at all on this, you should make your neighbor foot the bill. Get this in advance, in writing, or make him/her pay the contractors directly.
Posted by: SJ at November 26, 2008 7:44 PM
SJ seems to have good advice on how to proceed IF it really is a problem, but I agree with Slopenick. Ask for your neighbor to allow an inspector in their house to see if the foundation is really actually affected by the tree roots. Lots of people simply have tree-hate and tree paranoia. This guy can't ask you to cut down a huge tree just because he personally doesn't like it.
Posted by: traditionalmod at November 30, 2008 12:12 PM
311 can only help you if the tree is a street tree. If the tree is in your yard, you and the neighbor need to contact an arborist. I would obviously make sure it is indeed the tree causing the foundation problems so you'll have to work out whom to call with your neighbor. An engineer may be necessary to determine that kind of damage. An arborist can tell you if your tree species is the type to cause problems. If it is causing problems then you probably are responsible for the cost and some trees can definitely cause those kind of serious problems. I've seen bowed foundation walls and roots in the basement, so it is possible.
I have said this on the forum before and I'll say it again: Many trees that were planted all those years ago, though beautiful, were NOT good choices to plant. I've had arborists tell me that there are common street trees varieties that never should have been widely used and are a constant source of trouble and damage. There were less varieties back then and a lot less thought as to what the tree would become. They were often planted too close to homes, are notoriously weak limbed, disease prone or were varieties with an aggressive root system. Some can be root pruned periodically and some don't tolerate that well at all. Unfortunately, not every tree is appropriate for the site it is in and you can't expect your neighbor to have his foundation compromised to save the tree if root pruning won't work in this case.
Trees are fairly tolerant. You'll probably come to a good solution, but if proper action to prevent damage to the foundation will badly compromise the tree you will have to talk to the arborist about more suitable replacements. I am in favor of doing what you reasonably can to save the tree and you need to explore all the options with an expert. But you may need to accept that the tree may actually be inappropriately sited.
Posted by: kensington gal at December 1, 2008 11:43 AM
Post a comment
Please be patient while your comment is published. It may take a moment.