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Common Wall vs. neighbor's tree


Here in AZ, we typically use a shared block wall on the property line to separate our yards.

A back yard neighbor has a huge tree that's about 4-5 feet from the corner of their yard...yes, a very poor choice of location. The tree is easily over 25ft tall...probably even more. I have grass in my back yard, so naturally the tree's roots have taken hold in my yard. I have actually seen shoots coming up from that tree over 60 feet away from its base...I kill them like all my other weeds.

At first, the only problem was grass edging blocks getting pushed up and obvious high spots in the grass where the now very large roots are pushing up the the grass...

I can live with all of that, but the common wall is now cracking and separating between the courses and has actually lifted the post cap about an inch! I share that section of wall with the "tree" neighbor about 6 feet and a third neighbor about 8 feet...pic at cid-15527a90e6c89289.photos.live.com/embedphoto.aspx/Wall/DSCN1837a.jpg...put the http in front.

Any advice on how to handle all of this? The wall will obviously need to be repaired or replaced, but how can I stop the tree from doing it again or worse, maybe infiltrating under the house slab.


Re: Common Wall vs. neighbor's tree

To fix the wall the tree roots in that area that are lifting the wall will need to be removed. Be aware if you kill the tree, you are responsible for damages to the neighbor for the death of the tree. Whomever owns the wall is responsible to repair the wall. I doubt any judge would declare planting a tree a few years ago is actionable now.

Re: Common Wall vs. neighbor's tree


Thanks for the info.


Timothy Miller
Re: Common Wall vs. neighbor's tree

Howdy, great time to get to know your neighbors. The best way is to be a good friendly neighbor sharing mutual concern about the damages. How would you want to be treated if you owned the tree and had no idea of the issues it is causing with your yard and the block wall. worse yet having the guilt of being the cause and not the means to fix it- these are trying times after all... Maybe the wall is defective and the tree is the only thing holding it up... LOL

Pray for natures tree control-lightning.

Re: Common Wall vs. neighbor's tree

I saw a similar case in PEOPLE'S COURT and the hot judge said that the owner of the tree is responsible for damages that his tree inflicts on his neighbors.
Talk to your neighbor and offer him to help with the removal of tree and wall repairs. Point out to him that the fence damages will likely to increase if no action is taken.
If your neighbor is friendly, I'm sure you can work it out. But if he is not, you have the right to go to small claims. You will probably get a judgement against him.
You also have a right to cut off any branches growing over the fence in your yard. But don't cut any roots in your yard, the tree might die and he'll sue you!
These are only suggestions, not legal advice by no mean.
Good luck.

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