Tree Laws (HOA, attorney, compensation)

[mclink]

This is similar to another post, but not directly addressed.
I have a tree (natural not planted) that is about 10 yrs old on my property line (about 6 inches within). Our neighbor had an irrigation system installed about 3 years ago. The irrigation controls with piping were placed within 2 feet of the tree inside their property.

It is clear that within the next 5 years the tree (roots) will eventually interfere with the irrigation control box / underground lines, and either the tree will have to be cut, or the irrigation system moved.

Logically, the tree (is grandfathered) and the irrigation installer should have taken into account the location before installation.

So before long, I have to bear the cost of removing the tree, or the neighbor has to bear the cost of moving the irrigation controls.

Any thoughts on who should bear the cost? It may be left to the HOA to decide, as the HOA has to approve the removal of a tree this size.

[lamishra]

I don't understand why you would have to remove the tree if it's your neighbor's irrigation system.
Theoretically, you don't have to do anything with your tree. If they need their irrigation system fixed, then they will have to pay to have it fixed.

Now, if you think you WANT this tree cut down at some point future, you might approach your neighbor and discuss the option of splitting the cost of the tree removal since removing it would benefit him as well and save him money iin the long run.
But, if you don't want to do that, then his irrigation system issues are not your problem. My neighbor's tree roots are messing up my driveway, but I can't make them cut their tree down or pay for my driveway repairs if they don't want to. (I could cut their trees roots that are messing up my driveway, but I don't want a half dead tree over my driveway either.)

[TuborgP]

Originally Posted by lamishra

I don't understand why you would have to remove the tree if it's your neighbor's irrigation system.
Theoretically, you don't have to do anything with your tree. If they need their irrigation system fixed, then they will have to pay to have it fixed.

Now, if you think you WANT this tree cut down at some point future, you might approach your neighbor and discuss the option of splitting the cost of the tree removal since removing it would benefit him as well and save him money iin the long run.
But, if you don't want to do that, then his irrigation system issues are not your problem. My neighbor's tree roots are messing up my driveway, but I can't make them cut their tree down or pay for my driveway repairs if they don't want to. (I could cut their trees roots that are messing up my driveway, but I don't want a half dead tree over my driveway either.)

Cutting the roots and removing the resulting dead limbs might be cheaper than repairing the drive way. When that happens you might kill the roots anyway. On the other hand.
Trees on property lines - Fine Gardening Question & Answer
Trees and Property Lines - legal attorney, Property, property line, trees, residential, neighbor, property damage, liability
My neighbor dug up his yard, and in the process killed a tree that's just on my side of the property line. Am I entitled to compensation for the tree?

Yes. The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is.

And now the answer to the OP question from the same link as above:
Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land?

Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. Instead, the neighbor can go ahead and trim the tree himself. In some states, however, neighbors may sue under certain conditions, including:

* If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done.
* If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. "Serious harm" generally means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations.
* If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild."
* A neighbor may sue only if the tree is "noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous.

In many other states the law is unclear. In these states, a case might be successful if the tree:

* does substantial damage to the neighbor's property, or
* seriously interferes with the neighbor's ability to use and enjoy her property.

So what is North Carolina law?
Duh

[CHTransplant]

Originally Posted by mclink

It is clear that within the next 5 years the tree (roots) will eventually interfere with the irrigation control box / underground lines, and either the tree will have to be cut, or the irrigation system moved.

I don't understand why this is a given. Trees and irrigation systems have successfully coexisted in many, many areas. What's so special about your tree and/or this system that they can't?

[PDXmom]

Does cutting a 1/2 of a grove of pine trees make the other 1/2 more susceptible to winds and being blown over? Heres the sceneario.... nice little grove of pine trees behind our house... part on our property and part on the neighbor's property behind us. Today our neighbor decided to cut down all their pine trees and clear out all the under brush. So now is my grove of pine trees more susceptible to winds? Or does it just depend? And can anyone recommend a good arborist who might be able to help.

Thanks!