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Old 04-07-2021, 10:02 AM
 
Location: Henderson
1,205 posts, read 1,561,328 times
Reputation: 862

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Quote:
Originally Posted by kitty61 View Post
Sue him for property damage.
Won't work. The neighbor is only responsible for the roots on his property. The OP is responsible for roots on his property.
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Old 04-07-2021, 10:06 AM
 
Location: Henderson
1,205 posts, read 1,561,328 times
Reputation: 862
Quote:
Originally Posted by CDHenderson View Post
Probably the best approach for him to remove the tree. I've heard that I need to sue for a dollar amount. Would I just get a quote or does anyone know if I have to actually perform the repair first.
Better check the law first before filing any suit.
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Old 04-07-2021, 10:30 AM
 
558 posts, read 108,695 times
Reputation: 453
Quote:
Originally Posted by CDHenderson View Post
How did you manage to get the roots out from under the walkway?

I am glad you have not done anything in haste yet. Why don't you post a picture of the walkway and tree so we can see what is bothering you?

Digging the roots out is just venting anger. Legal action is more of the same. Try looking at the situation differently. It's not about your neighbor. It's about the tree that is wrecking your walkway.

Was the tree there long before your walkway was laid? At any rate, the tree had no say as to where it was planted and who did the planting. It has no intention to wreck your walkway; and if it could avoid your walkway when it sent out its roots, it would have.

Can you share your property with that tree and modify or reroute your walkway to accommodate it? If you cannot reroute it, then a raised cedar walkway a few inches above the ground over the roots could be a solution. Some flower plantings on either side could improve the aesthetics of your property giving it a better curb appeal.
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Old 04-07-2021, 03:30 PM
 
Location: Southern Highlands
2,189 posts, read 1,382,001 times
Reputation: 1916
Quote:
At any rate, the tree had no say as to where it was planted and who did the planting. It has no intention to wreck your walkway; and if it could avoid your walkway when it sent out its roots, it would have.
Has anyone even bothered to discuss the problem with the tree?
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Old 04-07-2021, 04:04 PM
 
558 posts, read 108,695 times
Reputation: 453
Quote:
Originally Posted by Cold Warrior View Post
Has anyone even bothered to discuss the problem with the tree?

No, and that's why we are all going down the wrong road to perdition. It wasn't too long ago when a guy shot and killed two of his neighbors over their snow on his property. He then shot himself for being an a55. And it was all because no one thought about the problem caused by the snow.
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Old 04-07-2021, 09:36 PM
 
Location: Las Vegas
909 posts, read 835,598 times
Reputation: 1205
OP should get info about what happens if the tree on the neighbors property causes damage to his property, i.e. a large limb falls on and causes damage to his property. Best to be proactive about future incidents.

I dealt with this BS many years ago with a crazy neighbor and a 100 year old oak tree that died. The tree was just barely on my property, but a lot of it hung over his driveway. Bees got in a dead branch and it fell on his driveway. He went ballistic, called me at 6am and told me to clean it up. Too bad buddy, the law said it fell on his property and he had to clean it up.

I tried to be a good neighbor and paid to have the branch and debris removed. I asked if he's split the cost to have the rest of tree removed and he refused. It cost me $1,500 to have it removed. A few months later he went berserk over some other stupid lawn stuff and said to me, "you're just lucky I didn't come over there with my gun". I called the police and they had a chat with him, he told them he didn't own a gun. He threatened the guy installing my pool because there was some debris close to the lot line. It was on my property, but he raised a stink about it with a guy who could have crushed him. Both of our lots were a full acre and there was a lot of distance between our houses, but I had to be careful to not mow the grass on their side of the lot line or they complained.

I sold my house and moved, life is too short to deal with that stuff on a daily basis.
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Old 04-07-2021, 09:41 PM
 
558 posts, read 108,695 times
Reputation: 453
Quote:
Originally Posted by movin1 View Post
OP should get info about what happens if the tree on the neighbors property causes damage to his property, i.e. a large limb falls on and causes damage to his property. Best to be proactive about future incidents.

I dealt with this BS many years ago with a crazy neighbor and a 100 year old oak tree that died. The tree was just barely on my property, but a lot of it hung over his driveway. Bees got in a dead branch and it fell on his driveway. He went ballistic, called me at 6am and told me to clean it up. Too bad buddy, the law said it fell on his property and he had to clean it up.

I tried to be a good neighbor and paid to have the branch and debris removed. I asked if he's split the cost to have the rest of tree removed and he refused. It cost me $1,500 to have it removed. A few months later he went berserk over some other stupid lawn stuff and said to me, "you're just lucky I didn't come over there with my gun". I called the police and they had a chat with him, he told them he didn't own a gun. He threatened the guy installing my pool because there was some debris close to the lot line. It was on my property, but he raised a stink about it with a guy who could have crushed him. Both of our lots were a full acre and there was a lot of distance between our houses, but I had to be careful to not mow the grass on their side of the lot line or they complained.

I sold my house and moved, life is too short to deal with that stuff on a daily basis.

Good move. Bad people are toxic.
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Old 04-07-2021, 09:52 PM
 
1,605 posts, read 507,369 times
Reputation: 925
an old tree like that ,its roots are not going to stop,consult a pro
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Old Today, 12:46 PM
 
5 posts, read 928 times
Reputation: 10
I just wanted to let everyone know that after Clark County Neighborhood Justice Mediation contacted the neighbor, the neighbor hired someone to remove the tree.

My next steps are to grind a small part of the walkway so that no one can trip over it.
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Old Today, 12:59 PM
 
558 posts, read 108,695 times
Reputation: 453
Quote:
Originally Posted by CDHenderson View Post
I just wanted to let everyone know that after Clark County Neighborhood Justice Mediation contacted the neighbor, the neighbor hired someone to remove the tree.

My next steps are to grind a small part of the walkway so that no one can trip over it.

I thought you said your neighbor declined mediation. What made him remove the tree? Anyway, good for him and for you. I would give him a bottle of wine.
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