Can someone please help with this problem.

As my husband and I understand it. When this house
was built six years ago. It was found that four feet of our land was being used by the Neighbor.
they refused to give it up. So there wasn't any problems the prev owner went ahead and deeded the four feed of land to these people. There was a fence put up along side of the tree that would have been part of our property.
marking the property line.

Our problem now is the tree roots have started taking over in our yard. We have only lived here for five years. We had to do all the
landscaping, at the time there were "NO" Roots growing. We are very worried because there is less then 3 feet before the roots will find our
slab foundation.

The woman asked me three years ago if she should take down the tree, At the time I didn't see a problem. My husband spoke to her last month (they don't live in the house)to explaine the problem. We were told today. They would only
pay for half of the trees removel. or We can cut branches or roots but can not touch the tree it's self. What are our rights over this. The tree is a small/med cotton wood tree.

Thank You

Missy L.

Reply to post by Missy , on April 16, 2001 at 03:00:51:

Missy L.

Roots do not seek, see, hear, feel or smell, they simply exploit what is readily available to them - nice soils, very often non-hostile, they go with the flow! "ROOTS GO, WHERE ROOTS GO", unless the soils below the slab are shrinkable (swell and shrink, depending on a number of varying factors), then cause for concern may be limited, however, to allay fears, call in an ASCA Consulting Arborist and if need be, have his report passed on to a structural engineer to advise. However, at the present time and if there is no damage occuring in the property, the Arborist should be able to advise you on the correct course of action. In a forseeable situation, your neighbour may be held responsible for damage caused by his/her vegetation, he/she would be wise to check with his/her insurers in order to ascertain if adequate cover is available in the event of any claims arising from the action of his/her vegetation.

Paul H.

Reply to post by Paul H, on April 16, 2001 at 03:00:51:

Thank You Paul..

Let's hope the neighbor will do what is right before my husband cuts into the roots that are coming up in our lawn. We worked for the last five years to landscape what was once only rocks and dirt... Had I known we would be a welcome mat for the tree .. I would have put all rocks around..

Reply to post by Missy , on April 16, 2001 at 03:00:51:

Paul's suggestion to contact a consulting arborist is the best way to go. It seems that since the property was deeded to the neighbors before you took possession, they have full ownership if the tree stands wholely on their land. If it is currently on the property line, then it is a shared tree. Proving a nuisance can be difficult, and forcing them to do something about perhaps even tougher. Causing direct harm to the tree without their nowledge/permission could bring greater problems for you.

Get good advice on how to proceed. Find a good arborist in your area, and maybe talk to a lawyer familiar with property rights disputes.

The American Society of Consulting Arborists can recommend highly qualified arborists and consultants in your area. Their web site and database is at

http://www.asca-consultants.org

or contact the main office at

American Society of Consulting Arborists
15245 Shady Grove Road
Suite 130
Rockville, MD 20850
(301) 947-0483