View Single Post
  #8   Report Post  
Old 19-07-2004, 04:03 PM
Pam - gardengal
 
Posts: n/a
Default root barriers -- protecting property from neighbor's trees


"Frank" wrote in message
om...
Does anyone have any first-hand experience in knowing the chances of
an Aristocrat Flowering Pear Tree causing damage to a home's
foundation?


Has anyone ever had any success in taking a neighbor to court for
intentionally planting a tree that they know will encroach on your
land and will likely damage your propery over time?


In some municipalities there are "spite laws" which restrict the intentional
planting of trees to cause problems - generally blocking views - but it is a
random application and even when present, difficult if not impossible to
prove. Otherwise, there are no restrictions (other than possible
neighborhood covenants) as to what to plant and where on one's property
trees can be located. If no covenants exist and it is planted 5 feet away
from the property line, then you are SOL.

However, an 'Aristocrat' pear planted 17 feet away from your foundation is
unlikely to cause any problems, expansive soil or not. This tree simply does
not have a destructive or particularly surface-oriented root system.

It sounds like you have issues well beyond the selection and placement of
your neighbor's tree. Suggest you might want to consult a therapist rather
than an arborist or attorney. OTOH, constructing that reinforced concrete
below grade wall might be an excellent way of working off some of that
latent hostility.

pam - gardengal