Hey guys!

I was recently landscaping my back yard and in the process, created a new flower bed that runs up to the fence separarting me and my neighbor. I dug down 4 inches total. After a few days, I noticed that the previously level soil began to "erupt." This weekend I inspected the "eruption" and discovered that the roots from my neighbors tree must have been loosened from my landscaping and began to burst through the soil.

Problem: now the tree, that was leaning approximatley 75 degrees prior to my landscaping, has slowly leaned 5 feet more and is gently leaning against my neighbors house.

I've confirmed with my insurance company that I am covered for this if I am found liable. My question is, IF YOU LANDSCAPE ON YOUR PROPERTY AND IT AFFECTS A TREE IN YOUR NEIGHBORS YARD, WHO IS RESPONSIBLE FOR ANY RESULTING DANMAGE (DEAD TREE, LEANING TREE, ETC.)?

The situation is not currently hostile between me and my neighbor. But I'm curious about the liability issue.

Any peace of mind that you can give is appreciated!

Reply to post by berk, on April 23, 2001 at 07:45:28:

I think you may need help on two fronts. First, find a good consulting arborist to check the tree. If all you did was lightly till the soil for a small garden, the tree probably shouldn't uproot. I suspect rather that the tree had a problem, and by coincidence it uprooted right after you worked the garden.

The second issue is the legal one. you may wish to talk to a lawyer, perhaps after checking with the arborist. Your insurance may help you find a lawyer or provide on for you, if it goes that far.

Hope it works out OK for you.

Reply to post by berk, on April 23, 2001 at 07:45:28:

A difficult area. UK law suggests that cutting roots on your side is fine, however, if the tree becomes unstable and causes damage, you may be held liable. Although, it's a foreesable situation, as you remove the roots either maliciously or through general landscape operations, you will have been seen to have known that roots were removed and that this could well cause the tree to be damaged or fail as a consequence of your actions. The same could apply to toxins or other chemicals used to treat your weeds over the trespassing roots.

As we know, the law tends to be an ass at times.

Good luck with your consulting arborist, lawyer, but foremost, your neighbor, go and plant him/her a new tree or shrub and help pay for the removal of the old one!

Paul H.