Neighbors tree caused damage to my driveway
Was wondering if someone familiar with local Nanaimo bylaws can shed some light on the following scenario. A root from the tree on the neighbors property shifted with the recent wind storm. This shifting has caused my driveway to buckle causing cracking and buckling of the concrete driveway slab. The concrete sticks up 3-4 inches now where the root has come up.
I'm not particularly concerned about the driveway since I'm planning to rip it up soon. However, I'm wondering who is responsible for the damage.
As an aside, it turns out my driveway is actually encroaching on their property According to one gentleman I spoke with he felt that it is grandfathered in since my house was built in 1975 (I just bought it a year ago) and nobody complained or made the original owner move it.
Anyway, I have no problem with the neighbors. They recently purchased as well, but it would be good to know who is responsible for what in this situation.
Thank you kind people for your input.
I have pondered the liability of trees quite extensively myself. I lived in Tofino when the Ike St. cedar tree (the one now in shackles) was on the chopping block. It was on town property, but a developer wanted it ousted as he was tearing up the land that ankored its roots and wanted to build townhouses. And it was now going to be unstable for his property.
It was a matter of liability for the town counsil, if anything happened they would be held accountable. Who wants that! And no one wants anyone getting hurt.
I tried to think of it from the perspective of a non thinking tree. Grow Grow Grow. It was older than any of our "rules" or "property lines" it was THE grandfather clause. And all it has done for 800 years is be a home to bazillions of creatures including us. All the while producing oxygen for us to breathe. Hardly seemed fair to destroy the good guy for a bucks worth of waterfront property. In fact, it downright pissed me off! I hate to think of that poor tree in chains, but I had to stand in front of those redneck idiots with chainsaws who couldnt see past their noses to the big picture.
You have a really good perspective on what has happened to your driveway. I am curious as to what type of tree your neighbor has and how old it is.
Willows are notorious for destroying foundations with their roots.
I think cement has changed over the years, because of the way it cracks. There are places in Victoria where roots have pushed pavement up and (I think) it looks so neat, it kindof flexes. Maybe more tar was used in the old days. I can only speculate.
Anyways, hope you and your neighbor enjoy lots of good times in your new houses.
Sorry, I have no idea what the bylaws are.
Your driveway may be fine how it is but you may have to move it over if you rip it up, to align with current building bylaws. My carport is right on property line and if I tear it down to rebuild I have to move it over 5 feet. But if I don't completely tear it down and just repair it as needed it is protected by a grandfather clause.
I would look into this first as you may only want to repair the part of the driveway with the root damage. (ie cutting it out and re-pouring a small section of concrete.
Good luck, CanadianZ
I believe that if it is on your property, it is your responsibility. In fact, you can legally trim the branches or remove root systems as far as up to the line, but take care to go no further or you are damaging their property and could conceivably be sued. If it's growing on your side of the fence, it's yours.
My folks just had a run-in with a neighbour's tree. It fell on their garage and totalled their vehicles. They had to get their own insurance to cover it, not the neighbour's.
I also know nothing useful about the bylaws etc.
Wow Willow, you can really give a tree personality! I wanna see that cedar.
Too bad about the driveway and the carport/cars, James and Sarah. Man, trees are a menace! A tree killed one of Zelley's ancestors, too!
These people have the right idea!:
Just kidding, of course.
(That's part of Westwood Plateau on Eagle Mountain in the north part of Coquitlam, March 2006)
I believe the tree is a Douglas Fir. I know what you mean, the tree hasn't done anything but try to grow and survive...
On an unrelated environmental note, today I was surprised to learn that Al Gore's mansion in Nashville consumes more electricity in one month than the average American home consumes in two years. I liked an inconvenient truth, but I found this very ironic. It's an inconvenient truth for Gore. In August of '06 his house used 22,600 KW hours of electricity.
Last edited by jbraum; 03-26-2007 at 08:55 PM.
I hope people don't confuse Al Gore's personal activities with the arguments, though, which exist far outside of the man.
No no, that's why they say, "Those who can't, teach."