I am planning on building a pool that would require excavating roots of a 30 foot pine tree that encroach into my property. The tree is ~3 feet from the property in my neighbor's yard. I plan to offer to pay for the removal of the tree, but I am not sure if my neighbor will accommodate my request.

If I make the offer to remove the tree and the offer is declined, do you have any comments on what sort of liability I may incur if I complete the excavation of the pool? What if the tree dies? What if the tree falls down?

Any opinions, comments, and/or recommendations would be appreciated.

Reply to post by David T, on January 09, 2003 at 01:05:36:

Instead of offering to remove the tree, why don't you ask your neighbor about it first. Present it as a problem you have- a new pool will go in, but you are concerned about his tree. Then express your willingness to cooperate. Even if you pay the removal cost, he is less one tree. Maybe he will want another small tree planted somewhere. Can you offer him some use of the pool in return? Other replacement landscaping? Be willing to negotiate and you'll probably get farther.

What about screening for the pool? Does the tree provide any screening for him? For you? Do you have other plans to screen the area?

Go into the negotiations seeking his imput and help for your problem. Let him take the lead, and he may surprise you.

I also suggest you contact a consulting arborist to advise you on the building of the pool, if the tree is ultimately to stay. There are some precautions that you might take to preserve the tree. 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