tree root legalities
 

I think in most states if the limbs come over your property line, you are legally able to prune them. How about roots? I have a 10 by 12 foot cement pad that I cover with soil to grow sweet potatoes. last year roots from an elm 40 feet away permeated the bed. The tree is about 10 feet from the property line. Cut the roots or systemic herbicide ? This tree has been pruned by the electric company because once it blew the fuse or popped the breaker on one line and several houses were half powered. Also 90 % of the weeds I pull are elms.

I guarantee you the systemic herbicide will cause you grief. Don't think you would have a problem about severing the roots.

MikeInCypress

I would definitely cut the roots.

Dig a trench a few feed from the property line, as deep as you can find roots and cut the roots. One cut, the roots in your property should eventually die and rot. Or at least won't steal any nutrients or acidify the soil.
That is your property .you can cultivate it any way you want. Not just you own the land, you ow the ground under it for unlimited depth.

Gardeneer

I don't know if elms will do this but where I live there are poplar trees that search for moisture for hundreds of feet and when you cut or dig through the root it will sprout like crazy making a big stubborn root ball mess.

I believe that in most localities, this issue is not specifically addressed. There are periodic news articles describing law suits where the "victim' might be otherwise judged as the villain:

[URL]http://articles.latimes.com/2000/sep/24/realestate/re-25961[/URL]

[URL]https://www.google.com/search?hl=en&gl=us&tbm=nws&authuser=0&q=california+neighbor+cut+tree+roots+sue&oq=california+neighbor+cut+tree+roots+sue&gs_l=news-cc.3..43j43i53.225440.237055.0.237229.38.12.0.26.4.3.876.5034.1j1j4-1j3j3.9.0...0.0...1ac.1.GnuWCnownZk&safe=active&gws_rd=ssl#q=california+neighbor+cut+tree+roots+sue&safe=active&hl=en&gl=us&authuser=0[/URL]

I believe that you [B]SHOULD BE[/B] allowed to trim those roots, but it would be so much better if you could talk to the neighbor and get his buy-in before you do anything.

There is so much case law discussing these issues that I fear that you will not get a useful, authoritative answer until you wind up in court. Even then, a decision might be the luck of the draw, depending on the judge and circumstances, if there is no definitive regulation on the books.

Jim

I have a row of 35 year old spruce trees on the north side of my garden. When we planted tiny saplings years ago, they were so far away from the garden spot that I never imagined the roots growing into my garden area. The trees are too beautiful to cut down, but I have to hack out roots every spring (and fall, if I have the time.) The trees do not suffer for it in any way, the roots just keep growing back. They are far from the trunk, and in any case, have roots going out other directions as well. If I were you, I would cut them out and not worry about it.

Here is a good article: [url]http://ginnycerrella.com/2008/06/legal-rights-when-neighbors-tree-threatens-property/[/url]

The law is, of course, murky, and usually ends with the answer that you're supposed to pay a lawyer a lot of money to do nothing.

I'd tell you to cut all the roots you want on your own property, but do [B]not[/B] use herbicide that would kill the tree. The law is clear about it not being ok to kill your neighbor's tree.

Once you cut them out put in a root barrier to keep them from coming back.
As a matter of fact some cities require you to do this if you plant a tree in the front yard so it wont bust out the sidewalk.'
Copper sulfate will also stop roots from growing.

Worth

I would also like to add I know a guy that had problems with his neighbors tree.
He used some full strength herbicide that regular folks cant get and poured it in the soil.
It killed the tree on his neighbors side but not his side.:lol:
Not a good idea.

Worth

Thanks all, is it too late to still be uninformed ?