REAL ESTATE REALITY: A ROOTY SITUATION - FINDING A PEACEFUL COMPROMISE

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By Maryanne Jackson, real estate broker, CNE, CPRES

May 13, 2019 (San Diego's East County) - 

Dear Maryanne,

My wife and I have been having some issues with our neighbors’ large tree. The tree has encroached over the shared fence, causing damage to our deck.

 

The damage has since been repaired by our neighbor’s insurance company.

 

However, the deck repair company made note that the tree roots were growing under the fence and into our yard. Eventually this may cause damage to the deck again unless the tree is removed.

 

The insurance company will not cover the cost to remove the tree and our neighbors are not in a financial position to cover the cost.

 

Any ideas? We really don’t want to take legal action against our neighbors and are seeking peaceful solutions.

 

Jay N. Horizon Hills, Mount Helix


Dear Jay,


I would attempt to contact your insurance company and inquire if they may help with some sort of preventative measures or have them contact your neighbor’s insurance company.

 

If this is not an option, then I would ask the neighbor to split the cost of the tree removal with you. Or, you could grind the root of the tree that is imposing onto your property.

 

Lastly, you may offer to just pay the cost to remove the tree. Perhaps, you could propose to cover the cost and set up a payment plan with your neighbor if they could agree to pay you back their portion of the bill each month in order to keep the peace.

 

Your neighbor will need to be on board with the tree removal since it is in their yard and they will need to give access to the arborist to enter their property.


Maryanne Jackson,real estate broker CNE, CPRES. CA. DRE#01784021

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