Neighbor's trees growing into our sewer pipes?
We moved into our house in last month, and have a home warranty which covers everything but the roots and the damage they have done. We called a plumber who snaked our main line and found that the root damage is so extensive that we would have to replace the damaged sewer line. This is our first house and we don't have a ton of money to pay for this problem without having to get a loan of some kind. We don't have a single tree or bush on our property. We think the roots are from the property behind our home which is owned either by the city or the business (Qwest) that resides there. Does anyone know if there are laws in Utah or anywhere else which would require our neighbor to pay for the repairs or at least part of them? The trees are also growing into our chain link fence and causing damage there also. We have already done everything we could to kill the roots. We had to snake the line when it didn't work and raw sewage was seeping into our kitchen and laundry room. We are waiting for the plumber to get the permits and exact details of the location of our line. In the meantime, we can hardly flush the toilet without it backing up. The line is damaged and there is no amount of root killing remedy that will repair the pipes.
Public Comments
- call the utility company and they will fix the damage as long as its on their side. you can also put red devil lye down the drain and it will kill the roots Ive lived in the same house for 30 years and the house was built here in 1920 and Ive never had that kind of problem and the houses are 5 foot apart. when we first moved here the lady we got the house from told my mom to add lye to the lies once every year or 2 to keep them clean
- If that were me, firstly id cut off the branches that touch ur property THEN i would warn them that if that happens again im going to take the tree from the roots (and i will do it) EDIT: ok so basically just call authority then welfare/council they will deal with it
- Phone your local enviromental agency, they will know exactly what to do in this situation, and who has to do what.
- Take pictures of the damage. Itemize all damaged items. Write to the party(ies) responsible regarding your claim. If they have insurance, their adjuster might want to see you. If they don't reply, you might want to pursue this matter in court. Possible cause of action:- Negligence Nuisance Strict liability Trespass I don't know about Utah laws, but the above are based on Common Law which will probably have some similarities with Utah laws. Please check with your local lawyer though. But take the pictures before beginning any repairs, ok?
- The damage to your sewer system caused by the roots is covered under a condition known as "private nuisance." If the tree is artificial and not natural, the owner of the tree can be held liable for damage caused by his tree due to the owners failure to control the tree. In this context "artificial" does not mean it is a fake tree. It refers to a tree that was planted in that spot intentionally as opposed to a tree that was there by nature. Of course, you will still need to do something about the tree to prevent a re-occurrence. The law is very weird in this regard. Most states adhere to the Virginia Rule which states that if the owner of the tree refuses to cut back or remove the tree, your recourse is limited to self-help. This means that you can legally trim or remove the tree, but you have to do it yourself or pay for it to be done through a service. If you're lucky, your state might follow the Hawaii rule which would allow you to cut back or remove the tree and the owner would be liable for it. You'll need to find out which rule your state follows.
