Do i have to pay for roots cracking neighbors foundation?

Question

i cut my neighbors lawn. one day we got talking about different things, and she mentioned that she has a water leak in her basement. she also showed me a crack that runs up the side of her foundation. after our conversation was done, i looked at it again, and i noticed that our tree is only 10 feet away from her house. i am almost positive that it is the roots from our tree that caused the cracks in her homes foundation. if this is the problem, do we have to pay for the damages.

note: i live in Ontario, Canada

Answer 1

Highly unlikely that your tree alone would damage her foundation.

Answer 2

I don't know. Personally I don't think you would be liable. It's not your fault the roots grew in that direction. In some places, if the branches of your tree hangs over a nieghbor's yard, the nieghbor can trim it back. You don't have to trim it back. I would think it's the same for the roots.

Answer 3

I would say NO but you did not exactly describe the tree on your lot as far as how tall it is and how much the top branches has spread out bec the root system on trees often resembles the upper growth.

Then again you most likely have homeowner's insurance to protect you from being sued for unintentional damages plus the repair firm when investigating the cause of cracks in her foundation would have to prove and take pics of several huge roots growing underground that reached her foundation.  Also I believe one way for you to get peace of mind and doublecheck if your tree is responsible would be to stand at your tree and then looking at which your neighborhood foundation has cracks to draw a straight line, then maybe 4 or 5 feet away from your house start digging a hole below the surface checking if you come across tree roots. If none, then you might wnat to dig another 2 holes parallel along the property line again to check for roots.

Personally I think you are over reacting bec at a previous house, our neighbordoor on the side next to his other neighbor had cracks in his foundation that were large enough that he nailed lumber in place on the two sections splitting apart but the cracks are not becasue of bushes, rather our neighbor suspected it was because the previous owner had an oversized hot tub/jacuzzi in one of the large bedrooms in the basement.

Hope the Above Info Helps!

Answer 4

Let her prove to you that it is in fact your tree.  Let her go to the expense of finding out just what is causing her problems and then act accordingly.  Do not give in to her wishes, she might be trying to scam you for something else that she is already aware of that is going to cost her alot of money.  I would do nothing.  Her property, her problem.

Answer 5

Legally, I would think you do not, but she may want you to.  

Answer 6

That's a hard question.  First thing you can do is call your insurance agent and ask if your home insurance will cover damages like that.  

Repairing a major problem like foundation leaks or damage could get very expensive.