Trees, their roots and pools

[RPD]

Is there any legal precedence for a pool owner who's pool may be in jeopardy from a neighbors tree roots?

Examples, existing pool, neighbor plants tree that will grow very large and roots will eventually damage the pool.

Or existing trees not quite large yet, neighbor adds pool. Eventually trees damage pool.

In either example is someone on the hook for the damages the roots could end up doing to a pool?

 

[SparkyJJO]

You shouldn't be putting your pool that close to your property line.

 

[GasX]

Yes, you are on the hook when you wake up one morning and your pool has drained and popped out of the ground.

 

[The Boston Dangler]

in mass, tree branches hanging over a property line are fair game for you to chop, and i think roots would be the same. i think if a neighbor's tree falls onto your property, he's on the hook for it. ymmv.

also, consider that excavating adjacent to the pool without damaging it is a nightmare by itself.

 

[RPD]

I'm not looking for advice on how to avoid the issue. I'm asking about if the issue occurs.

Obviously if you own the pool and the damage happens it's going to suck for you regardless of the legalities involved (if any).

 

[GasX]

From personal experience, I know that if your neighbor's tree has a branch over your roof and it snaps and puts a hole in your roof, it goes on your homeowners insurance. However, if the branch was dead and he did nothing about it, then it becomes his liability. I imagine live roots work the same way and you are SOL unless the tree dies and dead roots destroy your pool - which is... unlikely

 

[Newbian]

There is a easy fix to it and that would be to burn said neighbors trees to prevent this ahead of time.

 

[Sukhoi]

Just cut a trench along your property line once every ~5 years.

 

[Bubbaleone]

Just cut a trench along your property line once every ~5 years.

This^

Ditch Witch property line every five years...problem never occurs.

 

[RPD]

This^

Ditch Witch property line every five years...problem never occurs.

Correct, however I'm not interested in how to avoid the problem (already knew how), merely asking where the chips lie if one of the examples occurs.

 

[drebo]

If they neighbor is nice, and is clearly at fault, he might be willing to split some of the cost with you.

My landlord had a bush whose root ball found its way into a neighbor's drain pipe. Pretty sure he split the cost of replacing the pipe with them.

 

[sdifox]

Correct, however I'm not interested in how to avoid the problem (already knew how), merely asking where the chips lie if one of the examples occurs.

depends on where you live I would think.

 

[gorcorps]

Correct, however I'm not interested in how to avoid the problem (already knew how), merely asking where the chips lie if one of the examples occurs.

Yes, we get that, but part of explaining the legalities of it is that you can prevent it. It's your property line and you have the legal right to dig up the roots and chop them off. It's up to you to do so or not. If you do not do such a thing and the roots spread and ruin your pool, that's on you because it's the risk of pool ownership. The owner of the tree can't control where the roots go, and it's up to the pool owner to take care of the pool structure.

 

[RPD]

Yes, we get that, but part of explaining the legalities of it is that you can prevent it. It's your property line and you have the legal right to dig up the roots and chop them off. It's up to you to do so or not. If you do not do such a thing and the roots spread and ruin your pool, that's on you because it's the risk of pool ownership. The owner of the tree can't control where the roots go, and it's up to the pool owner to take care of the pool structure.

All correct, however how often are our laws and logic used together?

 

[edro]

I highly doubt it.
They are not responsible for damage to your property for falling limbs.
I would guess it would be the same thing for driving roots.
It is obviously not intentional.

 

[Wreckem]

All I can say is get to digging.

 

[weadjust]

Spike 80DF is a solid powdery substance that must be mixed with water before being applied to the soil around plants. It is absorbed by nearby roots and kills plants by interfering with photosynthesis. A tree that's been targeted with the herbicide may drop its leaves, regrow them and shed them again until its roots die.