How to kill a tree - Need Help Here!!

[Bill in SD, CA]

I live on top of a hill in a sub-division. My neighbor below has discontinued watering his hillside and now his trees' root system is growing into my yard looking for water. It is at the point where my deck next to the pool has been lifted about 2 inches and my brick steps have been all but destroyed. A nursery has told me that eventually the root system will compromise my pool and grow through the foundation.

My neighbor says "Tough doo-doo!"

My thought is to drill a 1/2" hole to the center of the trees at a 45 degree angle and fill them up with roundup. These are Eucalyptus trees which are basicly nothing more than weeds. Imported from Australia over a 100 years ago and they forgot to bring in Koala Bears to eat them.

Idiots!!

Any thoughts? My damages at this point are well over 2 grand and if the pool is compromised I'm really screwed.

My insurance company says: "That's nice, you're not covered from root damage. You need to sue" Can't afford that, but may have to eat the costs anyway.

Bill

[Gomer]

I suggest you pursue a legal remedy to this problem.

[phenious]

First off Get Prepaid... they rule... search on google will find em... Prepaid inc...flat rate every month unlimite legal advice letters bla bla bla (they rule for speeding tickets!!!) They will help you sue or protect you from getting sued. When I wored at a golf course we would drill holes into the roots... fill with lighter fluid and burn... as well as apply round up... normally killed the root.. from growing from that point on... would normally stop the growth of that root.

-: phenious :-

[Ed_S]

Bill, I would definately consult an attorney regarding CA law on this. Here in MO, you'd have no recourse on the neighbor, but you'd have the right to do whatever you like to the roots or branches that cross the property line. Law says whatever crosses the line is yours - even if it's a fallen tree, there's no liability unless it was done intentionally. Been there!!
If your laws are the same, I'd feed it whatever poison it'll take to kill the tree, as long as you do this to the roots on your side. It's not your fault if the roots carry it back to the tree!

[super gerbil]

sue the nieghbor. A least then he will pay for the damages. Get a loan for lawyer or whatever

[SPEEDO]

If the neighbor had a 40 foot tree in his back yard and it fell on your house who would be liable for the damages, Him I would guess. So wouldn't this be the same principle except from underground............

Or maybe you could get him arrested for treespassing.........

[Chuckiechan]

You can trim the branches that protrude into your yard, and you can cut the roots that come into your soil. You do not have the right to poison his tree, he can sue you.

First, you need to consult with an attorney. Basically, when you cut the roots out the tree is going to fall soon. Which way is the pervailing wind, and which direction do the storm winds blow. If his tree falls on you, your insurance picks up the damage, not his. It is likely to fall away from the cut roots. Will it fall on his house and kill someone?

If he won't cooperate, and if you can't have the tree declared an imminent danger, or a hazaders nuisance, and your attorney says your covered, then cut away!

BTW: Round up won't do anything. Fill the holes with salt or Stump Rot. Actually, they burn like a torch! They are the most dangerous trees you can have near a home.

[Ed_S]

Originally posted by SPEEDO
If the neighbor had a 40 foot tree in his back yard and it fell on your house who would be liable for the damages

Well, according to MO law, there is NO liability involved in that. The instant it crosses the line, even if falling from natural causes, it's your tree, and your problem. Had it happen.

A large tree growing nearly on my rear property line, but mostly on my rear neighbor's yard, was struck by lightning, falling across my yard & into my next door neighbor's. Fences & an outbuilding (mine) were crushed. Majority of the tree laid in the yard next door. The guy next door had a fit, crying lawsuit & ins claim. I wasn't upset, didn't plain to claim it as I saw it as minor - the building was an ancient steel shed that should've been gone anyway. Guy behind me was cool, & volunteered to have the tree removed. I would've fixed the fencing. Not good enough, next door wanted money.
OK, I called the ins co, so did the guy in back. Next door either had no ins. or a huge deductible, he refused.
Both companies happily paid for the damage on the insured properties, but nothing to each other, & nothing to the neighbor next door. He was left holding the bag for his portion of the fence and for tree removal.

I really got a big charge out of the outcome - if the guy hadn't run his mouth so hard, we'd have taken care of the problem ourselves. Instead, I got paid, guy in back got paid, next door got screwed...
All nice & legal, just like he wanted it!

[Chuckiechan]

Bill in SD, CA....WARNING!

Do not even discuss this with your insurance carrier, especially the claims department. They will drop you like a hot rock, AND you will be in the insurance company big brother data base as a potential liability making it hard and expensive to get re-insured.

Be careful here...

[ShawnD1]

Bill, throw a bunch of salt on the neighbor's lawn and trees just before it rains. The rain makes it impossible to see the salt and the salt will kill all plants on the guy's property.