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Roots from my tree damaging neighbour's patio

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    #32
    tDw6u1bj
    Registered Users Posts: 207 ✭✭tDw6u1bj


    Contrary to what people are saying, it seems pretty obvious that your tree is your responsibility and you must take action (and incur all of the expense) to remedy any damage caused. The idea even thinking about asking someone else to pay to stop you doing damage to their property seems wild to me. Doesn't matter if it's a patio or a foundation, when either were installed, or if it was installed badly or not(though the latter could conceivably lead to shared costs if you went to court).

    That said,

    1. as others have said, 10m is very far for it to spread and especially far for it to cause damage.

    2. Most people are very poor at judging distance...are you sure it's 10m? That's wider than a lot of properties.

    3. If I were in your situation I would want it shown beyond any doubt that it was the roots causing the damage. Specifically I would need to see damaged areas, find the roots, and trace the roots until we know for certain that it's my tree. A little bit of digging should make it obvious quickly.


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    #33
    Seth Brundle
    Moderators, Politics Moderators Posts: 38,843 Mod ✭✭✭✭Seth Brundle


    tDw6u1bj wrote: »
    Contrary to what people are saying, it seems pretty obvious that your tree is your responsibility and you must take action (and incur all of the expense) to remedy any damage caused. The idea even thinking about asking someone else to pay to stop you doing damage to their property seems wild to me. Doesn't matter if it's a patio or a foundation, when either were installed, or if it was installed badly or not(though the latter could conceivably lead to shared costs if you went to court).

    That said,

    1. as others have said, 10m is very far for it to spread and especially far for it to cause damage.

    2. Most people are very poor at judging distance...are you sure it's 10m? That's wider than a lot of properties.

    3. If I were in your situation I would want it shown beyond any doubt that it was the roots causing the damage. Specifically I would need to see damaged areas, find the roots, and trace the roots until we know for certain that it's my tree. A little bit of digging should make it obvious quickly.
    Make up your mind!!!
    :rolleyes:


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    #34
    tDw6u1bj
    Registered Users Posts: 207 ✭✭tDw6u1bj


    Seth Brundle wrote: »
    Make up your mind!!!
    :rolleyes:
    Learn to parse english.


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    #35
    standardg60
    Registered Users Posts: 4,240 ✭✭✭standardg60


    tDw6u1bj wrote: »
    Learn to parse english.

    Hardly a fair response, you did contradict yourself.
    I'm with Continental here, neighbour bought a property with an already uneven patio laid ten years before, and suddenly decides to blame neighbour's tree with no evidence whatsoever.


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    #36
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,309 CMod ✭✭✭✭magicbastarder


    i think there's an implied 'if' in that response.


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    #37
    tDw6u1bj
    Registered Users Posts: 207 ✭✭tDw6u1bj


    standardg60 wrote: »
    Hardly a fair response, you did contradict yourself.
    I'm with Continental here, neighbour bought a property with an already uneven patio laid ten years before, and suddenly decides to blame neighbour's tree with no evidence whatsoever.

    I responded in kind.

    I said two things:
    1. That the owner of the tree is responsible for any damage caused.
    2. That I would make sure that the tree was the cause of the damage.

    Where's the contradiction? Where am I not making up my mind?


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    #38
    standardg60
    Registered Users Posts: 4,240 ✭✭✭standardg60


    tDw6u1bj wrote: »
    I responded in kind.

    I said two things:
    1. That the owner of the tree is responsible for any damage caused.
    2. That I would make sure that the tree was the cause of the damage.

    Where's the contradiction? Where am I not making up my mind?

    The purpose of the thread was to establish the responsibility, all you've done is post both sides of the argument.


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    #39
    tDw6u1bj
    Registered Users Posts: 207 ✭✭tDw6u1bj


    standardg60 wrote: »
    The purpose of the thread was to establish the responsibility, all you've done is post both sides of the argument.

    ...but I didn't?

    I said that the owner of the tree is responsible for costs to remedy any damage caused.

    The other side of the argument is that the owner of the tree isn't responsible for those cost.

    My other points were about establishing if indeed the tree did cause damage, which is a separate issue.


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    #40
    magicbastarder
    Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 48,309 CMod ✭✭✭✭magicbastarder


    MyNameIsMyPassword stated that the owner is responsible for damage caused by their tree.
    (s)he also stated that it's necessary to determine if the damage *is* actually caused by their tree.

    the post does make sense.


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    #41
    tDw6u1bj
    Registered Users Posts: 207 ✭✭tDw6u1bj


    magicbastarder wrote: »
    MyNameIsMyPassword stated...

    HA!

    It isn't. But yes, I used a random password generator to get it because I was feeling too lazy to think of a username.


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    #42
    John_Rambo
    Registered Users Posts: 9,499 ✭✭✭John_Rambo


    I had a similar situation a few years ago with a neighbour in a property I owned. A trees roots (that I planted) had affected the integrity of his wall.

    He wanted to reconfigure the wall anyway and never asked for money, but significantly, he did show me the (obvious) damage the roots had caused. I asked how much it cost & I gave him half of the cost in cash €900. He sort of half refused out of manners but accepted €400 gracefully!

    I sold the property, he moved on too, but we're still in the community and see each other so, money well spent.


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    #43
    Hocus Focus
    Registered Users Posts: 753 ✭✭✭Hocus Focus


    looksee wrote: »
    The first thing to do would be establish whether or not the birch roots are in fact causing any issues. It seems very unlikely that roots 10 m away from the tree, even if they travel that far, would do damage.

    According to this article http://subsidencebureau.com/trees-distances/ the maximum distance travelled by birch roots is 10m, so while it is possible it seems a bit unlikely.


    A test trench, say three metres from the patio and parallel with the edge of it, would help establish the facts.
    If such investigation does reveal that the tree is causing the problem, the the roots can be trimmed back a sufficient distance, as recommended by a qualified arbourist, and a rhizome barrier installed.


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    #44
    Hocus Focus
    Registered Users Posts: 753 ✭✭✭Hocus Focus


    Jane98 wrote: »
    Before
    So he bought it in full knowledge that the patio was going to need attention...........


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    #45
    standardg60
    Registered Users Posts: 4,240 ✭✭✭standardg60


    tDw6u1bj wrote: »
    ...but I didn't?

    I said that the owner of the tree is responsible for costs to remedy any damage caused.

    The other side of the argument is that the owner of the tree isn't responsible for those cost.

    My other points were about establishing if indeed the tree did cause damage, which is a separate issue.

    Yes you're right, i misread your post, apologies.


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