Tree roots causing damage

[Biz]

We own an inner city terrace that has sewer pipes being invaded by a neighbours tree roots. This is causing the pipe to block about once a year. On the last visit to unblock the line the plumber said the clay pipe is deteriorating an will need to be re lined in two sections (where the pipe joins) to stop the problem reoccuring. Shopped around to get a few quotes and the best one came back at $4600.

Rather than just fix the pipe I had my PM get in touch with the people next door to discuss having the trees removed as they are not only causing damage to our sewer line (and likely theres as they join up at some point) but it is also pushing over the dividing fence. The PM didn't get very far with then so I decided to call the lady up myself.

Woah what super *****!

She was very defensive right from the get go and said she could not remove the trees as she is only living there and it is her grandfather house who apparently is in a nursing home, her father just died, their business is failing and eventually they will be selling the house anyway. I then *nicely* asked if I could have the grandfathers details and she mentioned something about a an guardian organisation??? I was told then to F%^& off, I am a P%&**, etc etc.??? As she cried and hung up on me

I have a feeling I am not going to get far with these people at all. Has anyone been in a similar situation? I suppose It could be legally pursued but might not be worth all the hassle. I just can't believe how irresponsible people can be about what is going on in their property.

 

[Lil Skater]

Whilst I agree that something needs to be done quickly, may I suggest you leave it be for a couple of weeks?

Sounds like the woman is fairly emotional with the death of her father and the business, it may not be what you want to hear - but sometimes a little compassion goes a long way.

 

[Xenia IM]

Don't get caught up in other peoples drama.
She is obviously emotional, not in present time and unable to address your issue.

Send a legal letter with a quote to have tree removed.
Take to small claims court if you have to.

You also need to be speaking to POA of grandfather.

Stay focused on the outcome, be professional, be empathetic, be present otherwise you can become part of the drama!

 

[Biz]

Whilst I agree that something needs to be done quickly, may I suggest you leave it be for a couple of weeks?

Sounds like the woman is fairly emotional with the death of her father and the business, it may not be what you want to hear - but sometimes a little compassion goes a long way.

I would be fine with that, it's not super urgent but her attitude was basically it's not her problem they can't afford it and won't do anything about it.

 

[Biz]

Send a legal letter with a quote to have tree removed.
Take to small claims court if you have to.

You also need to be speaking to POA of grandfather.

Already sent an email off to my solicitor. I'll see what they respond with.

By POA do you mean point of authority? I think this creature living next door might be it.

 

[datto]

Obviously a very emotional time and I can see both sides to this story. Tread carefully here!

Biz, if you like you may borrow my chainsaw.

 

[Scott No Mates]

I'm sure someone can chip in a few copper nails ^^^^

 

[vbplease]

I'd be surprised if you have any legal rights to make the neighbour remove the tree.

If I were a betting man I'd say council will recommend you replace your earthenware pipes with PVC and install a tree root barrier as part of your own maintenance.

You should fix it sooner than later before your neighbour sues you for leaking effluent and movement to her terrace related to the increase in moisture.

 

[datto]

Would a stick of dynamite help? lol It'll be like the first words from the mayor of Hiroshima after the bomb was dropped "Ahh, what the f### was that?"

 

[Biz]

I'd be surprised if you have any legal rights to make the neighbour remove the tree.

We do but would have to go through the land and environment court.

If I were a betting man I'd say council will recommend you replace your earthenware pipes with PVC and install a tree root barrier as part of your own maintenance.

I suggest you stick to property investing rather than betting. Council doesn't get involved. http://www.cityofsydney.nsw.gov.au/live/trees/pruning-and-removing-trees/trees-and-neighbours

You should fix it sooner than later before your neighbour sues you for leaking effluent and movement to her terrace related to the increase in moisture.

Troll level 99. Nice one!

That's like saying I go and shoot someone and then send them the laundry bill for the blood splatter.

As I said in the first post. Both our pipes join in a junction. Their trees directly over the sewer line are causing the problem. We have no trees on our block. The sewer line is ultimately both of our problem.

 

[vbplease]

I think you're reading what you want to read regarding "remedy, restrain or prevent damage to a property" (or injury to a person) caused by a tree on adjoining land. This is more likely related to collapse of a tree rather than destructive roots which is common with old earthenware pipes.. as I said before its a maintenance issue and easily repaired by you or jointly with the neighbour if required, without removing the tree.

Wasn't meaning to troll before.. see how far you get without attending to your maintenance issues.

 

[vaughan]

Would a stick of dynamite help? lol It'll be like the first words from the mayor of Hiroshima after the bomb was dropped "Ahh, what the f### was that?"

This guy survived both atomic bombs:

http://en.m.wikipedia.org/wiki/Tsutomu_Yamaguchi

 

[vaughan]

I think you're reading what you want to read regarding "remedy, restrain or prevent damage to a property" (or injury to a person) caused by a tree on adjoining land. This is more likely related to collapse of a tree rather than destructive roots which is common with old earthenware pipes.. as I said before its a maintenance issue and easily repaired by you or jointly with the neighbour if required, without removing the tree.

Wasn't meaning to troll before.. see how far you get without attending to your maintenance issues.

See if the sewer is shared between both terraces: there may be a easement on the title. It may be legal requirement to share the cost of repairs.

 

[Biz]

See if the sewer is shared between both terraces: there may be a easement on the title. It may be legal requirement to share the cost of repairs.

I'll check tonight but I'm pretty sure there is. If the damage is on my side though how would I go about making them pay half? I suppose I would have to send a letter of demand from my solicitor after I have had the pipes fixed?

 

[Salvatore1]

Hi Biz, have you been able to get a hold of a sewer diagram from Sydney water to check the easements from both properties? Have you applied to have the matter heard by a mediator? I know it is urgent and needs to be done therefore you may need to pay the costs then try to claim back? Going via a solicitor and then through courts are not a cheap option either.

 

[Xenia IM]

POA = Power of attorney.

sorry

 

[bob shovel]

Go to dial before you digg website and you can get the Sydney water drawings easy enough, but this will only be the main. If the damaged section I'd well inside you block it may not be of to much use. But always handy to have.

As for lining, I wouldn't until you get other quotes. Ask a plumber to price up digging up the old section and replacing with pvc plus concrete encase to prevent roots in the future.... If they are rough enough and cut through tHe right roots it could kill the tree!

Upload a post of the dbyd drawing or a sketch. I've done lining before and would find alternatives for your situation. Lining is last resort our sometimes only resort, but your case look at digging

 

[Xenia IM]

Biz
Any update on this?
How did it go?

 

[Biz]

Too hard basket. I have bigger fish to fry than worry about the urchin next door. After speaking to the plumber some more he said it is the roots causing the problem but by blocking the joints in the pipe they will no longer get in there. I will get the pipe relined.

******* of a bill but this property has been VERY kind to me over the years.

 

[bob shovel]

did he give you a price to dig and replace?? pvc with glued joints would be a lot better and cheaper, plus throw some concrete around and its no different to lining, just cheaper!