Sissoo tree causing damage (Gilbert: rentals, attorney, inspection)

[john3232]

The corner of the party wall in my backyard is buckling. I was told by an irrigation specialist this is caused by roots from the Sissso tree in my neighbors yard.

If the roots aren't cut or the tree isn't removed the wall will only get worse. Is my neighbor legally responsibly to address this?

The property is a rental and I have been in contact with property management but they haven't responded.

O.k. I just searched and think I've got the answer: If the neighbor ignores or refuses to remove the tree or cut the roots my only recourse is legal action

[stub303]

I just removed 2 sissoo trees from one of my rentals in Gilbert. As the trees were on my property, I would have been responsible for any and all damage to the dividing wall which was my rational for removing them. They are also incredibly messy and expensive to trim.

[john3232]

Originally Posted by stub303

I just removed 2 sissoo trees from one of my rentals in Gilbert. As the trees were on my property, I would have been responsible for any and all damage to the dividing wall which was my rational for removing them. They are also incredibly messy and expensive to trim.

This tree isn't on my property. It's clearly belongs to my neighbor.

If need be I will speak with an attorney.

[john3232]

In Arizona at least common law shows that a tree owner may be responsible for damages caused by a tree that is not maintained.
https://www.gilbertaz.gov/department...ance/faq-civil

[pbenjamin]

But a "properly maintained" sissoo will still cause damage...

[john3232]

Originally Posted by pbenjamin

But a "properly maintained" sissoo will still cause damage...

Well, I guess I'll have to ask an attorney about that. A new wall will cost a lot of money.

A tree... which is in my neighbors yard is causing the wall to buckle. I'll be sure I have this clearly documented should I end up in court.

If something isn't done the wall will continue to have problems.

It's too bad an owner won't spend the 500-700 to have the tree removed or the roots cut, But that's the way it goes sometimes.

Some people just don't give a shxt.

[Burning Madolf]

Originally Posted by john3232

Well, I guess I'll have to ask an attorney about that. A new wall will cost a lot of money.

A tree... which is in my neighbors yard is causing the wall to buckle. I'll be sure I have this clearly documented should I end up in court.

If something isn't done the wall will continue to have problems.

It's too bad an owner won't spend the 500-700 to have the tree removed or the roots cut, But that's the way it goes sometimes.

Some people just don't give a shxt.

You in an HOA?

[john3232]

Originally Posted by Burning Madolf

You in an HOA?

Yes, but I was told this is between my neighbor and I.

They won't get involved.

[Burning Madolf]

Originally Posted by john3232

Yes, but I was told this is between my neighbor and I.

They won't get involved.

That's what I figured. If your CC&Rs mention party walls and responsibilities then maybe pointing that out to the owner will push them to do something.

[benito1986]

I had a tree root (from a Sissoo I'm guessing) find its way into my pipes. Had to tear up the floor under my toilet and replace the pipes.

I'm wondering whether I should have the tree removed or if there's any other recourse like deep watering in an attempt to contain the growth of the roots.