Tree Root from My House Enters and Blocks Neighbor's Sewage Pipe. I Am Asked to Remove The Tree

Hi everyone. The root from my tree (3-4 meter high) enters neighbor's sewage pipe and causes some blockage. I believe the pipe was made from terracotta.

The neighbor wants me to remove the tree completely so that it won't do further damage to their sewage.
Not only that I love my tree, the cost of removing it is also not cheap (~$1000).

I suggest the neighbor to change the section of the affected sewage to PVC but he/she thinks it will not likely solve the issue.

What I'm happy with (in descending order):
1. Replace the affected sewage pipe with PVC and I'd share 50% of the cost.
2. Remove the tree, the neighbor share 50% of the cost.
3. Do nothing, although I respect my neighbor and don't want to have any issues between the 2 families.

What I'm not happy with:
1. Remove the tree and I have to pay for 100% of the cost.
2. Replace the pipe and I'd pay 100% of the cost.

What is your opinion?
Am I 100% responsible for the damage that the tree's root caused to the neighbor pipe?
Should I suggest the neighbor to share 50% of the cost no matter what solution we take?

Poll Options

  • 90
    Don't have to do anything.
  • 419
    I'm 100% responsible for removing the tree.
  • 7
    The neighbor and I each share 50% of the tree removal.
  • 9
    The neighbor and I each share 50% of the PVC pipe replacement.

Comments

  • +25

    depending on the tree, you can't remove it without council approval (which has a hefty fine).

    you can only remove certain listed weed or pest trees without approval or if its too close to a building structure.

    so you must check that first and it may also be an easy way to avoid removing the tree

    • +14

      My experience is council will almost always approve it trees starts to cause electrical or pipeline damage, you might not even need to pay for the permit. Even if it a protected specie, eg: Certian Gumtree.

      Once tree starts causing damage, it will only cause more damage, it will dig deeper and further.

        • +1

          Yep my council's policy is to protect trees at all costs, even if that is at the detriment of our infrastructure. Some trees have even gone on to damage housing which council has then been liable to compensate for.

    • +9

      That's misleading.
      You can't say what the council will or won't do because you don't know what council the O.P. is in. You don't need council approval to do that at my residence.
      Check with your council.

    • +1

      Should definitely check with council, but there’s so few actual protected trees in most councils the result will probably be that no permit is required. Checking with my council was quick and easy.

      It’s very much not the case in most councils that trees can’t be removed without approval in residential areas, it’s usually only significant trees that require approval.

      It’d kind of be a nightmare to have a tree you’re responsible for causing damage you are responsible for fixing while not being allowed to remove it, which is why even significant trees get approval to be removed if they’re causing ongoing damage to private infrastructure.

  • +34

    Call your council and see what they say (e.g. your options).

    Call them now, they haven't closed for the day yet (only 2:30pm on East coast of AU).

  • +3

    you sort out your roots,

    neighbours sorts out his pipes.

    • +37

      Neighbour can sort out the pipes, and if the roots are coming from OP, then OP is responsible for paying pipe replacement.

  • +2

    Out of curiosity, how much is it to replace the pipes ? Always thought that digging up pipes was expensive.

    • +7

      i was thinking damn son, replacing pipes is not exactly a DIY one lazy saturday arvo job…

      • -1

        If the pipe is in the front yard, the "only" difficult part is digging under the footpath, if there is one.
        I had pipe replaced, and it was about 20cm ( 8" ) deep.

        • +3

          The sewer pipes at my place in Glebe were 2 metres down.

    • +2

      I had to replace part of the pipe in the backyard due to root getting in, and it was $2500.

  • +22

    If neighbours pipes are getting blocked, it is up to him to replace them with PVC or whatever, they are not your pipes.
    Terra cotta type are notorious for root ingress (I should know, I have them everywhere),
    PVC, if properly laid will not have that problem.

    Alternatives:
    1) Clean out pipes with pressure nozzle attachment onto a pressure pipe onto a Gerni that develops at least 1500psi (I do this every year)
    2) Get existing pipes lined with plastic sleeves inside - that will cost a lot more than felling the tree

    • Pvc won't have the issues as mentioned, and it might be the case that if he puts Pvc ones in then OP gets out of paying and doesn't need to fell his tree.

    • +4

      Our PVC pipes were correctly laid & we have still had root issues from a nearby bottlebrush tree.

      • Clearly they weren't "correctly laid".

        • +12

          Some roots don't care how your pipe was laid.

          • -1
          • +7

            @Ciderfizz44: Actually, they do, because roots seek out moisture. This is precisely why old earthenware pipes are so susceptible, as the rubber seals at the joins eventually fail. PVC solvent effectively welds the pipes together, and when done properly will never leak. If you had issues with a callistemon, then clearly your pipe joins weren't up to scratch.

            • +4

              @dcash: Thanks for answering the question I had, which was why PVC pipes were ok and the old earthenware ones weren't.

          • @Ciderfizz44: The 90mm PVC pipes often enough get root ingress after they crack due to movement. 90mm is not rated for underground installation.

            100mm and above will be fine for ever, so long as they have been backfilled correctly with gravel. Most residential plumbers are cowboys and don't do correct backfilling. Specialist drainers are more likely to care about a well prepared trench, but they need watching too!

    • -3

      What type of pipes they are isnt relevant.
      OPs tree entered someone else property and caused damage.
      If the roots dont enter the property then OP doesn't have this problem.

    • +32

      Why should the neighbour have to pay for damage they didn't cause?

      How about this - you build a retaining wall to support a pool. Wall breaks, water goes crashing into neighbours yard and floods them.

      Not your problem, because the damage is "not on you property right?" As if.

        • +25

          Tree roots didn't come from anywhere

          Tree roots came from OP's tree

          But hey you're all lawyers so I'm sure you're right

          It's not like dozens of councils have pages covering this exact issue

          I'm sure they're all wrong

          • -8

            @GrueHunter: So OP cuts down his tree and the pipes get invaded by other roots - what was the point?

            • +14

              @Quantumcat: Weak argument.

              • -6

                @ensanguined: In what way? You're saying the solution is to cut down all the trees within 30 metres of the pipe. That seems like an extreme solution when they could just replace their pipe.

                • @Quantumcat: You keep saying the same thing.
                  You can choose whatever solutions to prevent the problem, but once the problem happens, you pay. It's that simple.

                  What's the solution? Again another you problem cus its your tree.

                  • -1

                    @ripesashimi: But that makes no sense. It isn't the tree that's the problem, it is the pipes that are probably cracked and leaking water. It will attract tree roots from anywhere, it isn't going to be solely blocked due to OP's tree. Cutting down OP's tree is not going to solve the problem.

                    It is similar to if you leave your front door unlocked - even if the cops catch the people that rob you that won't solve the problem. If you keep leaving your door open other people are going to keep robbing you. Eventually the only way to solve the problem is to lock the door. So why not just do that in the first place and avoid ever getting robbed in the first place. Same here. Cutting down OP's tree might provide temporary relief but if the pipes stay cracked or whatever reason they are attracting roots, they'll just get blocked again by some other tree and the owners of that pipe are going to have to replace it if they don't want to keep having problems. Especially if the next tree is on public land, they will have a real struggle on their hand trying to get council to cut down a tree for no reason. And meanwhile OPs beautiful (I presume) tree got cut down and it didn't even achieve anything whatsoever.

            • -2

              @Quantumcat: I hit your car but dont pay to repair it because its not my care and lots of other people could hit it too.

              • +1

                @StalkingIbis: That makes no sense, unless I insist on parking across the highway on blind corners. And every time I get hit, I punish the one that hit me then go and park across the highway again, continuing ad nauseum.

                The solution is to park in legal spaces, not send every car that was driving legally that hits me as it can't help it because of my crap parking job, to the scrapyard and then continue to park craply.

                • @Quantumcat: interesting comparison…is he using illegal pipes?

                  are your roots allowed to grow into his yard?

                  even if some other tree could've done the damage, it was yours that did it

                  are you not responsible for the trees in your yard?

        • +8

          If your own land drains into neighbour's land then it's YOU that doesn't have a plan for rain water drainage and you'll also be responsible.

          Same as the tree.

          Keep your roots your side of the fence. And your runoff water your side of the fence.

        • +5

          You’re actually also responsible for ensuring your property drains into storm water or water is retained onsite. So way to also be wrong in your example!

        • +1

          Actually, you are somewhat responsible if your stormwater system failed and caused knock-on flooding onto your neighbours.

      • +3

        I'd be more worried about you building a retaining wall and thinking it can keep water in

        • -1

          Username checks out

      • +1

        I think a more appropriate example is my experience with a neighbors tree and the council

        Neighbors tree grew to the point where my clothesline was no longer able to get any sunshine, it would also drop an unreal amount of needles during Autumn, more than I would ever be able to fit in my green waste bin

        Council basically said that trees are a fact of life and my neighbor had no obligation to cut it down or be responsible for the mess is made

        I was allowed to trim the tree, but not so much that it made it look unsightly or risk the structural integrity (and only what was reaching over to my side of the fence

        OP doesn't need to do anything if their council is anything like Knox, then they need to fix their own pipes

      • If earthquake (or another factor outside of the owner's control) caused the retaining wall's breakage?

    • +1

      hi godofpizza, it is the root of my tree that caused the damage :)

      • +10

        but it's not on your property, you also can't control where the roots go. it's up to the neighbour to make his pipes root proof (or at least resistant)

        he might be allowed to cut off any roots as they enter his property, but it depends if the tree is protected, as that will hurt the tree and can actually kill it.

        • +2

          Neighbour is probably allowed to do that, as you are allowed to trim back overhanging branches that come into your property

        • +2

          But it's OP's tree.

          • +5

            @cameldownunder: Neighbour is allowed to trim branches of that tree that come into their property even if it isn't their tree

            • +1

              @Quantumcat: Also (at least in my friend’s council area in SA) a tree from a neighbouring property falls on top of your house, the neighbour is not liable.

              • +2

                @sjj89: If it's an act of god "Storm" then you are correct ( in NSW ) happened to a friend of mine. But if the tree is sick/dead then neighbour is liable.

            • @Quantumcat: Yes, neighbour can trim branches.

            • +1

              @Quantumcat: Over a certain trunk width council permit is required. Op's tree except however council has control - so consider it a community tree.

  • +12

    TBH the tree generally doesn't enter pipes/block them unless theres a water source, as terractta pipes are slightly porous that would be the reason i think.

    Tell the neighbour to reline the pipe/replace with PVC, it's not your pipe and unless you're in a strata not your problem.

    Although depending on how much you value neighbourly relations might dictate how cordial you are.

    • +9

      Fact is the roots wouldn't ingress without the neighbour owning a tree. I'm free to use terracotta pipes and if someone's tree damages them, then that is NOT my doing.

      At least, that's what the law says apparently.

      • +3

        So
        If my neighbours tree drops leaves on my roof and it clogs up my gutters and is a nuisance I can either get them to buy me new gutters or chop down their tree?

        • +5

          If your neighbors tree is causing damage to your property, your neighbor is liable.

          Gutters getting clogged with leaves is a false analogy, because gutters are part of standard maintenance. Now, if your neighbour has a massive pine tree that's dropping branches and breaking your gutters of course your neighbour is liable.

          Most places allow you to prune your neighbours trees or plants if they cross your fence line.

          • @Harold Halfprice: But should maintaining your terracotta pipe network also be part of standard maintenance then?

            Who's to say the terracotta pipe didn't fail first (which given the age and ground conditions could be highly likely) and the tree just found the source of water leaking through the crack?

  • +3

    Your tree roots have encroached someone property and caused them damage would you put up with it?
    They could poison the roots in their drain and possibly kill the whole tree
    Do you have the same type of pipes? if so then removing it will be for your own benefit as well.

  • +12

    You have no legal obligation to pay anything or do anything. This includes paying 50% or anything towards the neighbours piping work.

    Tree roots only seek out already broken pipes as water leaks from them and the roots seek out the water. If the pipe is in good condition and not leaking it will not attract a root.

    Get a plumber to explain that to them and tell them sorry not my problem.

    • +20

      You have no legal obligation to pay anything or do anything

      Depends where you are but You are wrong

      Liability to pay compensation for damage caused by roots penetrating the soil across the boundary has been established in the following situations
      roots damaging storm water and sewerage drains
      https://lsc.sa.gov.au/resources/TreesandtheLawBooklet.pdf

      • +2

        That is so ridiculous. Tree roots can go a long way and you have no control over where they go.

        • +1

          You have some control.

          Tree exists, they go.
          Tree doesn't exist, they don't go.

          Some control. All the control you need really, in order to be legally liablethink of the alternative "neighbours tree damaging under my house and I have to continually pay for repairs but I cannot kill the tree".

          • +4

            @ozbjunkie: So you just cut down all trees within 50 metres of a terracotta pipe? Pretty sure there would be nearly no trees left in suburbia if you did that.

            • +2

              @Quantumcat: There’s reason why some trees are recommended for fences and some are not. But ppl don’t seem to take this seriously.

              There’s way the roots could be pruned. But again depending on the types of trees.

              • +3

                @PopCounty: it's more likely that the tree is older than those recommendations, people seem to forget that trees can live for hundreds of years, the tree could be 10, 20, 50 years old, depending on the type.

                people also don't realise that plumbing doesn't last forever, even PVC will have to be replaced in 50 - 80 years.

                https://www.relinesolutions.com.au/pipe-relining-blog/what-i…

  • -4

    remove the tree, bloody hell

    • +4

      Why remove a tree you like?

      • +3

        because its causing damage to a neighbours property, would you not want the same done for yourself or would you do the same if it was your own pipes.
        if my neighbour didnt remove a tree that roots broke my pipes they be taken to court quick smart

        • +8

          Yeah good on ya. Some people actually like having trees around and if it’s not a pest species it may not be allowed to be removed.

          There are other options to removing a tree to control rots from entering pipes.

          • +3

            @Euphemistic: who said i dont like trees?

            i have over 50 ironbarks/gumtrees on my property and planted 29 more last month, after cutting down 1, but if they are a problem near infrastructure they need removing.

            if there is an alternative that is fine, but if you would cut it down if it were your own pipes, and not do for the neighbour its harsh, and yes i would sue you, you own the tree so you own the tree roots.no diff to tree roots penetrating foundations or sucking up too much water near foundations and this shrinking the soil.

        • +6

          The tree would only break your pipes if the pipes were already broken or made of terracotta. If you don't want tree roots in your pipes, the solution is PVC pipes, not illegally cutting down a tree.

          • -2

            @Quantumcat: Fair enough, not illegal to cut down a tree though, council generally have exception ie with 10m of a house, 5m of a fence.

            What about agi pipes?

  • +5

    the cost of removing it is also not cheap (~$1000).

    Someone is quoteing high. You said it's 3-4m high? Buy a $10 bush saw from Bunnings and cut it down yourself if you want to go down that route.

    • I had a tree cutdown a couple of years ago that was much larger and it cost $800 and I thought that was high.

  • -1

    2 options: follow the law and repair the damage your tree caused and have a credible remedy. Such a remedy could be a steel barrier at the property line diverting future root growth.
    plan B: if the girl next door is alone arrange for hrt and the r-word has a much nicer meaning?

    • what law is this?

      • +12

        There are specific laws in different jurisdictions, but you have a general common law right to be compensated for damage caused by another person or their stuff. For example, in SA:

        "Liability to pay compensation for damage caused by roots penetrating the soil across the boundary has been established in the following situations:

        • roots absorbing moisture causing clay soil shrinkage and building damage
        • roots damaging substandard garage and wall
        roots damaging stormwater and sewerage drains
        • roots undermining the affected neighbour’s boundary wall causing it to collapse
        • damage to the neighbour’s lawn and garden
        • loss of crops while roots are cleared"
        • breaking of concrete paving in neighbour’s yard"

        But you know, don't listen to experts, just go with what Ozbargain bush lawyers totally reckon

        • +8

          You glossed over the part where the neighbour has to prove negligence and that it would go to mediation/small claims… coming from a water engineering background the terracotta pipes argument would fall over pretty quickly given the evidence that they're a terrible drainage solution and even removing 1 tree won't exactly solve the problem given the porosity.
          I'd also require proof it was the tree that was at fault and not the construction of the pipe.

          Also the neighbour would need to remediate/trim the roots as a mitigation, negligence would only come in once all options have been exhausted.

          Just imagine how barren our neighbourhoods would be if everyone was complaining that roots were impacting their property

          • +9

            @Drakesy: Wrong cause of action mate, not negligence, nuisance.

            • +1

              @Ayanami: You'd still need to prove the tree caused the problem though.

              An engineers report would go along the lines of 100 year old terracotta pipe has become brittle with age, ground conditions have eventually caused the pipe to crack which the tree has then sought out as a water source.
              Did the tree clog the pipe? Yes
              Did the tree cause the pipe to crack? No

              It's also likely that all the pipes on the owners' property are in a similar condition and prone to failure.

              Pvc pipes have been used for years to much success.

          • -1

            @Drakesy: Go and read it again slowly. Learn the difference between the burden of proof for negligence and the burden for nuisance.

            coming from a water engineering background

            Is that how you say "I p*** in people's pockets and tell them it's legal advice"?

        • +1

          In NSW, trees disputes are covered explicitly by
          Trees (Disputes Between Neighbours) Act (rather than common-law nuisance): https://www.legislation.nsw.gov.au/view/html/inforce/current…

          The court to take into account:
          "any steps taken by the applicant or the owner of the land on which the tree is situated to prevent any such injury,"

          eg: removing damaged fully-depreciated clay pipes and replacing them with PVC pipes that don't attract tree-roots.

  • +9

    are there any other trees nearby? terracotta pipes are shit and tree roots will travel a long way to find them. so even if you remove your tree maybe some other roots will get in anyway. neighbour has to either clean his pipes annually or dig em up and lay pvc.

  • +16

    Are you absolutely sure that its your tree? Many things can go wrong with sewerage pipes, especially terracotta. If it hasn't been dug up then you don't really know, and if it is dug up, now's the perfect time to replace that section with PVC.

    All the houses on my street have terracotta and its just accepted as a fact of life that they will get clogged. Some neighbours say it happens every year. They get a plumber out to run their snake root destroying thing and its good for another year. Or you can replace suspect sections with PVC if its not too difficult e.g. not paved on top. Replacement can have an inspection point installed to make it easier for plumber to do clean outs.

    Removing the tree is absurd. My pipes were blocked because of a neighbours tree (we strongly suspect). So what? Its a nice tree, we like the shade. The pipes were probably put in 50 years ago, that's not a bad run. Your neighbour shouldn't expect 50 year old pipes to be without maintenance issues.

    I don't think you should be expected to pay for cutting the tree down or replacing the pipes. But I'm not sure how you can gracefully deal with your neighbour, that's a tricky one.

    • +10

      But I'm not sure how you can gracefully deal with your neighbour, that's a tricky one.

      If the neighbour wants my tree to be removed in order to save their 50 year old leaky terracotta pipes I'd tell simply tell them no. They're already being unreasonable at that point and encouraging them in any way by trying to negotiate is like shooting my own foot.

      The most I'll offer in terms of compensation might be a pack of beer, but that's also when I'll tell them it's time for their pipes to be changed to avoid further inconveniences.

      • +2

        Agree, busted arse pipes get wrecked by tree roots, who could have seen thst coming

  • +3

    We have this issue and have already paid for our own tree removal (well over $1000) and the pipes to be drilled out with a fancy expensive gismo. The pipe cleaning worked for quite a number of years and the toilet is just starting to block up again.

    I am a fan of trees and my neighbour has them down his entire fenceline and they are huge lilly pillies. I am happy to keep paying $300 every few years to the plumber with the fancy expesnive gismo. I don't want the trees cut down and I also wouldn't dream of asking him to cut them down. I can't 100% say it is his trees that are doing it. We still have one tree left that could be causing it (a huge bottle brush).

    • What does the plumber do, do they send machine to cut the roots inside?

      • +1

        Basically, yes. Usually just high pressure water. But theres a number of tools they have at their disposal

  • +1

    if it is your tree causing blocked sewerage then you should be paying 100% for whatever solution - replacing pipe or removing tree. what's this 50% nonsense?

    • +1

      Not if the pipes are past their usable life span and have failed
      The tree then seeks out a water source that happens to be coming from the cracked pipe ;)

  • +5

    If the situation were reversed and it was your neighbours tree blocking your pipes, would you be happy to pay half the bill?

    • -1

      Hypothetical situation and irrelevant

      • +2

        How is it irrelevant?

        OP wants a compromise with their neighbour - the question is asking whether OP would find the compromise to be fair, if the situation were reversed. It's entirely relevant.

  • We had the same problem about 10 years ago. Neighbour's tree roots would block our sewer pipes. We used Rootox every month but the pipes still blocked after about 6 months to a year so we had to call a plumber to waterjet the blockage. Then we found a plumber that could treat the pipes with a foam - the same as used by councils. Safe for the trees and kept the pipes free. That worked for about 3 years but a regular cost was involved. Other alternatives were having the pipes relined or replaced with PVC. The tree roots found their way through the inspection ports along the sewer pipes. So only those spots need to be relined. I think back then the quote was close to $1,000 per metre. Best would be to replace with PVC as the joins are glued but could be more costly if the pipes are deep and there is a lot to replace. There was a plumber that gave free quotes back then so I found all that out after he ran a CCTV camera down the pipes and you could see where the roots were entering at which points.

  • +1

    I had problem with PVC pipe and the root is coming from the join, I believe if a bit more glue has put into the join this drama can be eliminated.

    What I learn you can either put the drain root killer once a week before you go to bed, and after 4 weeks,you put once a month.

    The cheapest way is to pour in some pool salt and the root will be killed.

  • +6
    1. Replace the affected sewage pipe with PVC and I'd share 50% of the cost.

    I'm not sure you have thought this one through. I once spent almost $10k replacing a section of pipe.

    • The digging and resurface cost a lots.

      Relining I think is cheaper if you have at least 4-5 Meyers, it is $1000 a metre plus $2000-3000 set up cost

  • +5

    Not sure how each state works in relation to "being a responsible tree owner" but if my neighbours tree roots damaged my pipes I would be expecting 100% to be paid by the tree owner. If that was not forthcoming I would take the case to QCAT. My neighbours have had to pay to damage to a retainer wall by the roots of their massive trees so I would think it would be the same with drain pipes.

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