Root Invasion Threatens Home Foundation

Dear Monty: I bought a home 21 years ago on a corner lot adjacent to a city swimming pool. The entrance to the pool has a driveway that runs along the side of my property. About two years after I moved in, the local parks department planted three trees along the entrance driveway on the side of my property. Now, those trees' roots are near my house's foundation. The city's forestry division says they will monitor the trees and their roots. This past weekend, I was looking at the roots, and one is right at my foundation, which is on a slab.

The person over at forestry will not cut the trees down because they're alive and they said the trees are an asset to the community. The pool is only open June through the first two weeks in August. How are the trees an asset to the community when the roots will damage my property? I was told if I kill the roots and the trees die and do damage to my house, I will be responsible. What can I do with tree roots growing in my yard and heading toward the foundation of my home? Please advise.

Monty's Answer: The tree roots are a threat. Here are a few steps you can take to address the issue:

No. 1: Document the problem. Take photos of the tree roots and their proximity to your foundation. Keep a record of your correspondence with the city's forestry division.

No. 2: Get a professional assessment. Hire a certified arborist or a structural engineer to assess the potential damage the tree roots could cause to your foundation. Their report can help support your case when dealing with the city.

No. 3: Explore root barrier options. Consult with the arborist about the possibility of installing root barriers to redirect the roots away from your foundation without harming the trees. This could be a compromise solution.

No. 4: Seek legal advice. If the city is unwilling to act, consult with a local attorney specializing in property disputes. They can advise you on your rights and help you navigate the legal system to protect your property.

No. 5: You can raise your concerns during public comment sessions at city council meetings. Your voice can help bring attention to the issue.

No. 6: Consider mediation. If all else fails, propose mediation with the city to find a mutually agreeable solution. A neutral third party can help facilitate the discussion and reach a compromise.

A FEW ADDITIONAL THOUGHTS

In a discussion with your attorney, ask what would happen if you cut the roots at your lot line and the trees died. Could your damages be limited to the cost of replacing the trees with saplings the same size as the original saplings?

In regard to going to city council: Municipalities often have wards or districts with elected or appointed representatives who attend to resident concerns. Invite that individual to inspect the root invasion. Frequently, such a visit will lead to the representative becoming an advocate who can convince the forestry leader to reconsider.

While the trees may provide some benefit to the community, you have a right to protect your property from damage. Be persistent and explore all available options to find a resolution that addresses your concerns while minimizing harm to the trees, if possible.

Richard Montgomery is a syndicated columnist, published author, retired real estate executive, serial entrepreneur and the founder of DearMonty.com and PropBox, Inc. He provides consumers with options to real estate issues. Follow him on Twitter(X) @dearmonty or DearsMonty.com.

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