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Roots Cause House to Sink – Is the City Responsible?

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A retired couple in Ottawa, Canada, says the city is partially responsible for the damage done to their home from an Emerald Ash tree in their front yard. The roots of the tree have encroached on the foundation of the house, causing significant structural damage. The couple contends that because the city has maintained the tree by trimming it regularly, they should be partially responsible for the damage it has done to the foundation.

The couple’s front of the house has sunk three feet into the ground, which means that they couldn’t even open their front door. “There was a great ‘bang,’ I thought for sure it was an earthquake,” said the homeowner when the front of the house sank. The house also had cracked walls and floors that have heaved.

The city sent a letter to the homeowners in July stating that the city isn’t liable for damages caused by the tree. “The tree in question was located wholly within the private property line and therefore belong to the resident, not the city,” said a city spokeswoman. She also explained that the city only maintained the tree to keep overhanging branches close to the road in check.

The couple has spent over $90,000 to fix the damages t their house, including $1000 to uproot the tree. A civil suit against the city has not been filed yet, but a forestry contractor who works for the city says the city may be partially responsible for the damages done by the tree.

 

Tree Roots Damage May Cause Plumbing Problems

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Plumbing and underground building foundations may be slowly sustaining damage from tree root systems in the landscape. Roots can burrow into minute cracks in pipes and foundations, but not all trees and shrubs have root systems that are as likely to cause problems. Many problems can be avoided if the tree or shrub is given enough unobstructed room underground to grow out.

There are a few trees and shrubs that have special habitat needs, which will reduce the impact they have on pipes and foundations if these needs are addressed. The weeping willow is one. It needs a very rich and moist habitat and will aggressively seek this out if it isn’t planted in a spot that meets these needs. Magnolia trees have very strong rope-like roots that grow close to the surface and can cause foundation and pipe damage. Poplar trees have an extremely invasive root system, and their roots are able to grow two to three times the height of the tree. Birch trees also have a root system that grows two to three times the height of the tree.

 

 

Will LA Homeowners be Responsible for Sidewalks?

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The Los Angeles City Council is considering shifting all responsibility of sidewalk care to property owners. Currently, the city takes care of the tree roots, which is considered the biggest problem, while the property owner takes care of the sidewalk. The proposal would also make the homeowner legally liable for any trip-and-fall claims from sidewalk damage. The City Council is also considering more inspections of sidewalks to issue citations and order repairs.

Homeowners and homeowner associations have opposed the policy change. This opposition, along with the inability of council committees to take action, has kept the proposal from passing. “We are celebrating our sixth anniversary of motions and all we are doing is asking the same questions,” said Councilman Bernard Parks, Budget and Finance Chair. “We have spent $100 million to build 500 miles of sidewalk and they are in worse shape than ever before.”

Federal funding originally was used by the city to take care of the tree root damage, but this funding has been used up. The city has been taking responsibility for the tree root damage since 1973, but now the city is strapped for cash. There are 4,700 miles of the 11,000 miles in the city that are labeled as being in poor shape. The estimate to repair damaged sidewalks is $1.2-1.5 billion. The city also pays $4-6 million in liability claims every year.

Other options being discussed by the city council include creating sidewalk assessment districts (where homeowners vote to pay the city sidewalk maintenance); and certifying sidewalks as safe when property is sold, utilities are connected, or when building permits are issued.

 

Lititz Borough to use Root Containing Device for Planting?

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A new method for containing shade tree roots is being considered for use in planting trees in Lititz Borough, Pennsylvania. The new method is called the StrataCell and was developed in Australia by Citygreen in 2009. The StrataCell is a plastic interlocking device that is intended to keep roots from spreading outward and lifting sidewalks, roads, and driveways. Their Shade Tree Commission presented the borough council with this idea. During the presentation, the borough was told that a Citygreen representative would be willing to come to Lititz to help with installation of the interlocking devices for a pilot program. The only concern is that the cost of installation is unknown.

There is one home in the borough that has already decided to use the StrataCell in a pilot program. Residents will be able to see the new device in use, where it is being used to plant a shade tree near the sidewalk. Engineers have calculated that this device will support pedestrian and pavement traffic loads while providing more space for the extensive root growth of large canopy trees. This device has two tiers that lock together and form a framework that offers vertical and lateral strength.

So far, few municipalities have started using this device. “Mostly it is being used by developers. But I see uses for programs like our Shade Tree Commission.” Said George Biemesderfer. “It’s not cheap, but it’s a good alternative.”