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Old 04-06-2021, 12:02 PM
 
5 posts, read 2,021 times
Reputation: 10

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Hi Everyone,


I live in a non-HOA community and my neighbor has a 25 year old large 40+ ft oak tree that is 3.5ft away from my walkway and has started to lift my walkway. The lift is significant enough to trip over while walking. I've contacted the neighbor and he is ignoring me. I have contacted Clark County Code Enforcement and they recommended I contact Neighborhood Justice Mediation which I did.

I was assigned a caseworker and they contacted my neighbor and he declined for mediation. What are my options? Getting a quote for repair and taking him to small claims court? My main concern is that the real fix is to remove the tree as I'm concerned about future foundation damages.

Any help would be appreciated.
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Old 04-06-2021, 01:14 PM
 
Location: Henderson
1,216 posts, read 1,609,238 times
Reputation: 912
In my opinion the best thing to do is to get a reciprocating saw from Lowe’s and cut the root off at the property line. If you are not up to this then hire a gardener to do it.
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Old 04-06-2021, 03:53 PM
 
Location: Here and there, you decide.
12,782 posts, read 25,581,806 times
Reputation: 4860
Quote:
Originally Posted by bayview6 View Post
In my opinion the best thing to do is to get a reciprocating saw from Lowe’s and cut the root off at the property line. If you are not up to this then hire a gardener to do it.
exactly..
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Old 04-06-2021, 04:11 PM
 
Location: Lone Mountain Las Vegas NV
17,770 posts, read 7,819,796 times
Reputation: 8602
I am fighting that one now though I own both the walk and the tree...We dug down and chopped all the roots going under the walk. Went down over 3 feet. Then pulled all the roots out from under the walk.

The remaining problem though is to get the walk to go back into place. Has about a 3/4 inch offset. Been thinking about getting something that weighs a couple of tons to sit on it for a month or two.
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Old 04-06-2021, 05:00 PM
 
5 posts, read 2,021 times
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Quote:
Originally Posted by lvmensch View Post
I am fighting that one now though I own both the walk and the tree...We dug down and chopped all the roots going under the walk. Went down over 3 feet. Then pulled all the roots out from under the walk.

The remaining problem though is to get the walk to go back into place. Has about a 3/4 inch offset. Been thinking about getting something that weighs a couple of tons to sit on it for a month or two.

How did you manage to get the roots out from under the walkway?
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Old 04-06-2021, 05:04 PM
 
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Would cutting the roots just be a temporary fix? Wouldn't the roots just grow and damage again?
Best case would be for neighbor to remove the tree as it's near both of our foundation.

Another option i was thinking was like you all mention, dig, chop the root, and install a root barrier along the walking path. They come in 24x24 panels and are about $10 each. I would probably need to get about 15-20 of them and do a lot of digging.
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Old 04-06-2021, 05:06 PM
 
3,969 posts, read 1,912,422 times
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Sue him for property damage.
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Old 04-06-2021, 05:11 PM
 
Location: Lone Mountain Las Vegas NV
17,770 posts, read 7,819,796 times
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Originally Posted by CDHenderson View Post
How did you manage to get the roots out from under the walkway?
Actually there were only three major roots which we followed back under the walk a couple of feet and then whacked them out in pieces. Did a lot with a one inch bit on a big drill. Actually the same bit we use to drill fertilizing holes around the bigger trees.
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Old 04-06-2021, 06:53 PM
 
5 posts, read 2,021 times
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Quote:
Originally Posted by kitty61 View Post
Sue him for property damage.

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.
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Old 04-07-2021, 09:57 AM
 
Location: Henderson
1,216 posts, read 1,609,238 times
Reputation: 912
Quote:
Originally Posted by lvmensch View Post
I am fighting that one now though I own both the walk and the tree...We dug down and chopped all the roots going under the walk. Went down over 3 feet. Then pulled all the roots out from under the walk.

The remaining problem though is to get the walk to go back into place. Has about a 3/4 inch offset. Been thinking about getting something that weighs a couple of tons to sit on it for a month or two.
Had similar problem many years ago. Dug a hole under the slab, placed a brick in the bottom, and them used a small jack to get low side up to correct level. Then placed bricks to support low side.
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