[ragabnh]

The block wall separating my Rental Property with neighbor property has been damaged by the presence of a large Pine tree at the neighboring house. There is a crack and separation of the wall from the top to the bottom and I suspect the foundation is also compromised. My landscape company says that this is caused by the root of the tree lifting the foundation and cracking the wall. The wall is leaning partially into my property and I suspect it will fall sometime in the future. I talked to the neighbor and I found out it is also a rental property that is owned by a real estate agent for investment purpose. I contacted him around 4 weeks ago and explained to him the issue with the wall. He promised that he will visit the property to inspect and get back to me within a week. It has been now 4 weeks and there is no answer from him. I tried to call him and text him messages and he has been ignoring me.

I appreciate any advise on how to resolve this matter.

[NLVgal]

Contact the county commission, HOA, or city councilman of your area.

Or just get a chainsaw and DIY

[Tek_Freek]

Originally Posted by NLVgal

Contact the county commission, HOA, or city councilman of your area.

Or just get a chainsaw and DIY

A chainsaw will cut down a tree. It won't remove the roots, fix the wall, or fix the foundation.

Your other advice is, as usual, sound.

[NLVgal]

Originally Posted by Tek_Freek

A chainsaw will cut down a tree. It won't remove the roots, fix the wall, or fix the foundation.

Your other advice is, as usual, sound.

No. But the chainsaw would be fun. I don’t know if you were around for this, but Clark County commissioner Tom Collins got drunk and was shooting a tree on his property. Tom was a hoot.

[bayview6]

The root(s) causing the problem can be cut by digging a trench between the tree and the wall.

[lvmensch]

Originally Posted by ragabnh

The block wall separating my Rental Property with neighbor property has been damaged by the presence of a large Pine tree at the neighboring house. There is a crack and separation of the wall from the top to the bottom and I suspect the foundation is also compromised. My landscape company says that this is caused by the root of the tree lifting the foundation and cracking the wall. The wall is leaning partially into my property and I suspect it will fall sometime in the future. I talked to the neighbor and I found out it is also a rental property that is owned by a real estate agent for investment purpose. I contacted him around 4 weeks ago and explained to him the issue with the wall. He promised that he will visit the property to inspect and get back to me within a week. It has been now 4 weeks and there is no answer from him. I tried to call him and text him messages and he has been ignoring me.

I appreciate any advise on how to resolve this matter.

This problem needs to be solved by an agreement between the owners. You owner needs to get hold of the other owner and arrange a fix. If your owner declines to get involved your choices practically are to live with it or move.

Your owner can either make a deal or fix it and bill the other owner if the other owner won't cooperate. If it goes badly you end up with a small claims suit.

You can also lean on your owner and the property manager by claiming a safety risk. NV code requires a landlord to maintain the place free of safety problems. The rub however is whether the wall is a safety problem.

The code involved is...

NRS 118A.290 Habitability of dwelling unit.

You might read that and the stuff after it.

[ddrhazy]

I recently fixed a cinderblock fence because of a tree pressing up on it. Only solution is to remove the old cinderblocks, cut some of the root and reinstall the cinderblocks. You'll run into the same problem again in 5 years when the tree grows back out but you get to keep your tree.

If your neighbor is refusing to take care of the problem just wait till the cinderblock fence comes down. It'll be years before it does anyways.

[Tek_Freek]

Originally Posted by lvmensch

This problem needs to be solved by an agreement between the owners. You owner needs to get hold of the other owner and arrange a fix. If your owner declines to get involved your choices practically are to live with it or move.

Your owner can either make a deal or fix it and bill the other owner if the other owner won't cooperate. If it goes badly you end up with a small claims suit.

You can also lean on your owner and the property manager by claiming a safety risk. NV code requires a landlord to maintain the place free of safety problems. The rub however is whether the wall is a safety problem.

The code involved is...

NRS 118A.290 Habitability of dwelling unit.

You might read that and the stuff after it.

If I understand the OP he/she is the owner. It's not directly mentioned, but if they were the renter I have expected mention of them contacting their landlord.

[Tek_Freek]

Originally Posted by NLVgal

No. But the chainsaw would be fun. I don’t know if you were around for this, but Clark County commissioner Tom Collins got drunk and was shooting a tree on his property. Tom was a hoot.

It took me a long time to buy a chainsaw. Once I did I found out using one is a very satisfying experience.

Originally Posted by bayview6

The root(s) causing the problem can be cut by digging a trench between the tree and the wall.

That's why I've seen that being done. Thanks.

[lvmensch]

Originally Posted by Tek_Freek

If I understand the OP he/she is the owner. It's not directly mentioned, but if they were the renter I have expected mention of them contacting their landlord.

You may be right. I read it the other way but on rereading it sounds more your view.

If so it becomes simply a neighbor dispute. If the neighbor is not cooperative than you fix it anyway and bill the neighbor. Then off to small claims court if he does not come through.

It is possible to build in a root defense for a length of a wall.