Look up your local regulations. There is a chance you can legally prune the tree branches back to the property line. not sure about the roots. cutting half of them off may cause an issue more dangerous than we want with an unstable tree. Or it could kill it.

The joys of suburbia. :(

I can legally cut anything on her property, just not sure how. I don't want to ruin a chainsaw blade in a few seconds. I could care less about his tree. It should never have been planted there in the first place. If it dies, it should just fall over. I would imagine there is a proper way to cut roots, I just need to know how.

It wouldn't be half of them either, just the roots on 1/4 side that are visible to the eye.

Shade is part of it, but other areas are shaded and have grass. The traffic is a non-issue as it is a six child max home and they rarely go over there. When they do, it's usually muddy or they get plain filthy. Is there a root saw or something?

I am no expert, but my suggestion would be to dig a narrow trench. The problem is once you sever the roots, they will just regenerate additional roots from the pruned areas hence the need for a barrier if you want a long term solution.

I found this tool to be a lifesaver for cutting through tree roots when I have dug up trees. You can find them at the big box stores, but I think this could easily several many of the roots coming off of that tree Leaving you less of a need for power tools.

The top 6-24 inches will contain the majority of roots and will also be the roots that are competing with the grass for water.

Good luck!

True Temper 69-Inch Post Hole Digging Bar 1160000 https://www.amazon.com/dp/B000VACVPG/

How long has that tree been there? how old is it?

Maybe birds deposited seeds there and the neighbor just let it grow.

Has your mother spoken to the neighbor about her concerns with the tree?

"I could care less about his tree. It should never have been planted
there in the first place. If it dies, it should just fall over."

Chances are very good that you'd be legally liable if you caused the tree to die or fall over. If you don't think your neighbor would care (maybe that's part of why you aren't worried), then why not just ask for permission to remove the tree to start with? Have you already asked the neighbor? What did they say?

Another thing to consider (although chances may be somewhat small) is that the tree could possible fall on one of the muddy little daycare kids. This would be a mess in more ways than one.

Brandon, that is not correct. The person who's property is damaged is legally liable. Not sure how you came to that conclusion. Also, if roots are cut on our property, I am also not sure why the tree would fall to the side with no anchor, it would pull up from the side with less anchor if anything. Right now, outside time is rare due to yard conditions, one of which being mud there and heat in the summer. Also, three of the kids are too young for that. Long story short, I'm not removing his tree and I'm also sure he won't want to pay to have it removed (they've lived there for almost 40 years, just like my family).

It makes not sense that the grass is fine in the neighbor's yard but not in your mother's. Something else is going on.

"The person who's property is damaged is legally liable. Not sure how you came to that conclusion."

That is correct in most cases however when negligence is involved, the offending party is liable. If you cut the roots on your side and the tree dies, you could be held liable. After cutting the roots, if the tree fell over on the neighbors side and caused damage (and the root stubs you cut were obvious on the uprooted tree) you almost certainly would be held liable.

I would begin by adjusting my own (yours-OP's) attitude. Maybe you think you've got reason to be so feisty right out of the gate but it does sound like you want a fight. You'll get one!

The tree is-drum roll please-doing good things too! It might even be providing shade for the youngins. Finally, for those branches which do grow your way and which are low enough to cause you grief, far, far better it is to make peace with the neighbor and remove whole lower branches-not heading-back cuts right at the lot line-for both the tree's health and your safety. Randomly headed-back branches are classic for dying and failing some day when least expected. That would be a very poor outcome. You can do better.

+oM

I have the impression I'm not quite following certain aspects of this thread, but oh well. Not sure what a "six child max home" is.
Anyhow, it's no big deal to sever roots if they are causing a problem. The chance of it harming a tree like this, from your side of the fence, are about like the chance of being struck by lightning. (it might be different if it were a "special" tree, or if you completely boxed the roots) I myself have used a small middle plow from Tractor Supply on several trees, you could also use a middle buster or similar PTO hitch device. Problem here is you don't have much room to maneuver most tractors so that leaves you needing a ditch witch etc.

If they planted it, depending upon which way it casts shade and how much land both properties have, it might have been uncivil or unneighborly to do. But as other people said, it's not clear that that is what happened. I have an idiot neighbor who somehow thinks every little weed tree that appears on his property is a magical, miraculous gift from the gods or something and lets them grow. Even if it's an invasive Norway maple. He has let one at the NW corner of his property grow, where it will provide absolutely no summer shade to him, but will shade out a neighbor's blueberry bushes soon. Again, I don't think he's intentionally being an idiot, he's just being an idiot. (not that it's that big of a difference)

Let me be the third person to suggest this isn't a tree problem, but a drainage problem. It sounds like you have come up with a solution, removing the tree, and are now looking for a problem. Since the tree may very well be helping with the true problem, poor grading, you may be cutting off your nose to spite your face.

"OK. One additional point then: I think you implied that the tree's impending loss of roots won't matter" because it's also going to be losing branches. Now realize, aside from my general love of trees, what happens here is simply not my deal, but that implied notion about tree biology is just plain off. Trees-any plants really-are signaled to create new roots by chemicals produced in their growing tips-above ground growing tips, that is.

So good, it sounds like you have some room to wiggle here and can do as you see fit. I just want to disabuse you-and anyone reading this-of that old idea of balancing out root loss by taking some of the top away. It t'ain't so.

+oM

Ah, the famous gritty mix thread! Heck, I hardly ever go over to 'Containers' and even I know about it! Good luck then.

+oM

Bama_Joe,
Sorry, I did not realize you were a lawyer or that your state's laws were different than the other 49 (?) states. If I had known either of these things, I wouldn't have bothered responding. I am curious why your laws are different, if you know. I'm just curious as to what the back-story is.

You are not allowed to cut roots that are on YOUR property? Strange...take a look below at an Alabama appeals court case. This is a strange one, where a tree is on both properties, but does mention the root issue.
http://blog.al.com/live/2009/11/appeals_court_says_no_to_cutti.html

Actually, it's not that strange. There are all kinds of laws that limit what you can do on your own property when it would effect someone else. And, as I mentioned, it's the law just about everywhere, including, it turns out, in Alabama.

I will agree that it may not seem "fair". I have seen a number of posts on GardenWeb with similar and even worse problems caused by intruding roots. I will agree that, if it were my property, I'd probably be a little annoyed too.

All this doesn't mean that you can't cut the roots at the property line. It only means that if the tree suffers or fails, your actions might make you liable.

The boundary tree (tree's who's trunk straddles the property line) law, from what I have seen, only addresses removal of a tree on the property line, and gives both property owners rights of ownership of the tree. This law definitely differs from state to state.

A similar, but even more "big-brother-ish" (depending on your view) set of laws, in some locations (especially some communities), make blocking a scenic view with vegetation illegal. And in some places, blocking sunlight from a neighbor's property can be illegal. These are not as common (at least here in the US) as the laws about killing/harming a neighbor's tree, like above.

One thing I did not see in all of these comments is the distance of the tree from the building that is supposedly being damaged. In looking at the pictures, and estimating the size of the yards, it looks like the tree is at least 30 to 40 feet from the nearest structure. It looks like it is closer to the one neighbors house than his.

This tree looks like it is no more that 14" in diameter, and based on the discussion is less than 20 years old. For a tree of that size I doubt if the diameter of the crown is more that 40' Assuming the root line is 40 feet in diameter or equal to the crown, the likelihood that this tree is damaging the foundation of the OP house is remote.

If I have not assessed the fact properly I am sorry.

Have you tried to plant a different type of grass back there. There are grasses that do better in shade than in sun, in wet conditions that in dry.

crikey ...

if you sever a root .. the tree will respond.. by regenerating.. a hundred more roots.. right at the point you severe it ... you win nothing.. but a few years ... by going thru all that work ...

it is imperative that we bring up all variables.. and most posters are not aware of property rights across the country ...

so i would assume.. that anyone.. who takes the time to respond.. is trying to help .. regardless of how their typing comes across ...

i highly doubt.. the tree is the cause of the foundation issue ... i like to say ... they go around things... the are opportunistic in that regard ... rarely .. do they cause a problem [other than lifting 3 inch cement slabs] ... i would really take some time.. to figure out how or what else.. might be the cause of the cement block cracking .... as in settling due to the springs known to be out there ....

my gut tells me.. the only recourse.. is to pay to have the tree taken down ...

ken

Ken - First, it was never said the tree caused any property damage, nor was it even implied. The key here is prevention. My gut tells me it is due to the foundation slowly sinking. Also, if it were my mother's tree, we would remove it ourselves.

Roots, of course they will respond by sending out more. The fact that you clip bound roots when planting and rake roots as well is proof of that. The barrier above would assist, but I also have a friend who has a machine shop and we can plasma cut what we need to size for free.

Krnuttle (I know of a Chris Knuttle in Tennessee...from Alabama). The distance from tree to my mother's house is no more than 17 or 18 feet and roots are under the patio already. Trying to prevent them from getting under the foundation and raising or touching the already cracked portion.

Aw Bama, be careful. Everything you say here is traceable and admissable. unless that is a drop phone you are using which has never touched your or your friend's wi fi, or you have a good proxy set up and the victim does not have deep pockets.

FWIW, I prefer a sawzall to a chainsaw when cutting in the ground. just me I suppose. bet if you dig a foot down and a couole feet wide at the property line you would bump into 80% of the roots available to ya. Have some extra blades or chains handy. Better make sure tou know the laws there and your liability.

Maybe my sense of scale is off, but I don't think any of the trees in the picture above are causing the problem. what is that big ol brick building with the dual garage behind the privacy fence? how long has it been there and where does its drainage go?

+1 on the sawzall. great for cutting roots. but I agree with the other posters, this is not a root problem. it's a drainage/soil/turf problem.

curious how two families can live next to each other for almost a half century and not be able to resolve something like this?

but you have better/smarter options than to go after the tree. were it my yard I'd landscape that corner with some mulch, maybe a miss kim lilac or an alberta spruce or something, then repair the surrounding turf with some topsoil and one of the newer, hardier seed mixes that can withstand abuse. in anticipation of the "daycare kids and landscaping don't mix" concern, I'll say I have 3 kids under 6, and they do just fine with landscaping. they particularly like to smell the lilacs, viburnums and peonies in spring (even though our peonies don't have much of a smell? little kids like to pretend....). or heck, cover the whole area in rubber playground mulch and put up a swingset....

good luck...

"if you sever a root .. the tree will respond.. by regenerating.. a hundred more roots.. right at the point you severe it"
Yeah but Ken they don't do so right away. I've severed huge, 3-4" maple roots with my middle plow. Later in the summer when it got dry, you could see a sharply defined line in the grass where the cut had been made: green past the cut, brown where there were still maple roots. Needless to say, the 2 trees I'd planted a few feet beyond the cut needed less watering that summer than they would have if they'd been competing with the GD maple.
So, it isn't as though there isn't some value in doing it.

New roots come out of cut root ends in spring, when opening winter stem buds send hormones to the roots that prompt them to grow.

Don't know if anybody else brought this up but ordinarily I would expect the thinning of the turf shown to be due primarily to shading rather than root activity. Not insisting on having a thick turf right up to the base of the comparatively young and competitive tree would take the basis for aggravation away. If it were my situation I would probably just make a bed there - if nothing else a layer of decorative mulch without plants if none are desired.

Krnuttle (I know of a Chris Knuttle in Tennessee...from Alabama)
Probably no relation. My family spelled the name Knuttle until 1850 when the family came together and dropped the K

It looks like a maple. They tend to have a lot of surface roots. Not sure if doing anything to your side of the turf will do anything. Secondly, that's not a new tree. It's definitely been there a while 10 years. Lastly, I think it's too far to cause foundation damage. That's at least 15 feed from the patio and even further from the foundation. That being said, you could probably re-purpose the are for something other than grass.

Ebothrium and Jq - That is probably the best course of action if the foundation is not in any danger. Just have to see what can be planted there and what is low maintenance, as my mother is 71 and I will be doing all the upkeep. It will be 1. Cheaper 2. Prettier 3. Healthier for the tree 4. Preventing erosion by planting and mulching

The only thing is allowing entrance via the single gate that is by the patio and against the side of the house, which should be easily accomplished and also, that is quite a slope to plant on.