Tree roots from neighbours lifting paving

There is a massive tree from my neighbours lifting the paving to the patio at my place. I know from bitter experience there will be no point approaching her about the offending tree and I have contacted the insurance company on several occasions checking any damage if it comes down is covered. Any hints as to how I repair the lifting paving, do I life it, dig down find the root and poison it? There are a number of areas lifting now.

 

I'm curious about the same thing, except my "neighbour" is the council.

There is a huge council tree on the footpath and it's cracked all the concrete I have in the front yard of my house. I'm not sure if I have the right to cut out the roots when I redo all the concreting (I know the roots will just grow back but I guess I'll have at least 10-20 years of nice concrete until it happens).

 

I know when the council owned the lane abutting my property there were not liable for anything, here anyway. the offending tree is at least 40 metres high and is about 8 metres from my backdoor, and 4 metres or so from the edge of the paving, I'm concerned it will compromise the slab at the rate it's going and I am not even sure who to contact in terms of getting rid of it.

Thank you for moving the thread

 

No, it is on private property. I live in a heritage area and the council referred me to the CAB for legal advice! I said thanks, I am sure measures I take on my own property are my business as long as I remain on my property.

 

Tree Laws in each state varies slightly but generally limits any claims for neighbouring trees to some issues limited to a new build with the tree planted after that build and within 6 years but councils are excluded. It is each owners problem. It is not insured. Its a maintenance cost. Your cost. In WA the issue of trees is likely governed by the dividing fences act which governs encoachment and nuisance...But excludes councils. WA doesnt have a trees act like many other states.

Council will remove a offending tree and tear up roots and remediate footpath etc. They wont fix your pavers. Report the damage and your concern. Ask that the tree be removed and paths remediated. LOL - They will come along and plant some other aweful gum tree after its fixed.

Dividing fences and other boundary issues | Legal Aid WA

 

I got some advice from my termite guy who had previously studied trees or whatever at uni. My Neighbour has a massive Cape Lilac that caused heaps of issues. He advised me to take pavers up on fence line. Dig a metre deep, chop off roots, poison, repave. I also got some advice from another guy for a gum tree my husband wanted to retain on our property that was cracking our house, he advised dig one metre deep trench and add concrete. I haven’t tried either though!

 

Thanks so much. The paved area is four metres away from boundary fence and tree is very close to boundary fence, I can probably hire a little digger and blackberry poison might do it.

 

No worries, if I come across my notes I’ll update as I can’t clearly remember advice on poisons so you may want to research with knowledgeable people from an agriculture store or Bunnings. Or Google!! From memory I think it was Glysophate to kill roots. Blackberry tree killer needs healthy green growth to kill. (I used that mixed with dishwashing detergent on all the runners from neighbours tree with great success. ) We poured heaps of poison under our bath to kill the tree roots that started growing in our house!! How To: Kill Tree Roots

 

What the?

 

Are you allowed to trim council trees (NSW)? I love the tree and I wouldn't want it torn down but it's hanging over my roof and I want to trim it back to cut back on the seeds that drop on it. I'm willing to pay for it as long as I'm not breaking the law.

 

10% perhaps up to 100%. Depends so seek advice on tree and species. If its too close you may be able to remove it. Your cost. Local arborist.

 

Just wanted to add an update to this thread, my friend and I lifted the affected paving, the roots were actually quite close to the surface, we cut them, then poisoned the ends, left it for a couple of days then relaid the paving. In the process of buying the poison got distracted by those high pressure cleaners begging to join the Ryobi family so bought one of them. Also cleaned the concrete driveway and used the round brush provided to clean the paving once relaid. All looks tremendous and nowhere near as bad as I suspected.
Had a couple of inside rugs which had been piddled on by various incumbent and visiting dogs so blasted them with the cleaner too, draped them over the outdoor table and they came up ace mintox

 

I have the same problem, it is legal to poison the invading roots that belong to a neighbors tree?

 

It may be a breach of the tree preservation rules in your council. Depends on species. If the tree is a pest or a exempt species it may be wise to remove the tree, grind roots. Poison on its own its not particularly effective. Its also OK to trench beside the driveway to cut roots.

 

Root barrier in the trench you dug might have been an good alternative to poisoning the tree.
Just because your standing on your property you cant shoot your neighbour over the fence. It will fairly obvious what has happened when the tree dies. When neighbourhood tree disputes turn toxic