My neighbor, who bought the property 8 years ago, claims that her underground pipes are invaded by roots of my Jacaranda tree. The distance between the tree and the fence line is 3.5m. She has already made other neighbors to chop their coral tree. Now she demands us to do this. As evidence she has photos of roots in the pipes and insists that they are roots from both tree. She is very determined to chop our tree. How can I defend my lovely tree. What is my responsibility?
You shouldn't have to cut it down. Wait until the tree is dormant and cut off the roots that are invading her property. It most likely won't harm the tree. Also, leave a bag of flaming dog poo at her front door.
Jacaranda are bad for that.
I'd play nice, lest they add chemical to their drain (legal) and it kills your tree. No need to get all TodayTonight 'neighbours from hell' over it, surely..?
I don't know mark maybe its time to get a banjo & get an old fashioned feuding going. 
2 posts.......
Mmmmmm.......
I do like a good jacaranda, though not really water sports
If the roots are going next door and damaging the pipes what's it doing to your house footings and pipes...?
Jacarandas are in the moderate scale for root invasiveness ( not a word I know)
ie not as bad as ficus
A simplistic thing is to look at the canopy - if it's over her land and around the vicinity of her pipes. - then the roots will be there too.
If it's nowhere near and the property is older ( without the plumbing being renewed - ie old earthenware) then tell her to join the modern age
Root pruning on a Jac is fairly easy - just be sure to paint the root end that you want to kill ( not the tree) as quickly as possible after cutting - as the cells close of quickly inhibiting the chemical take up
Select to expand quoteshoodbegood said..
>>> though not really water sports
Who said it had to be water sports??? All the water sports have there own forums, (and some that aren't water sports). This is general discussion.
Hate to tell you this but you are legally responsible for all trees on your property.
Once you have been advised that there is damage to another property is your legal obligation to not let the damage continue or get worse.
If you choose to do nothing, you can be held financially responsible to make good the damage that the tree has caused.
Been dealing with a neighbour who believes "trees belong in the forest" for nearly 10 years.
What rod_bunny says is mostly true... The thing to consider is are they your tree roots or could the roots in the reported photo be from another tree.
AND, you must take reasonable action to prevent damage... i think root pruning is reasonable...
It might also depend on which state the OP is from.
Here in WA, I have been led to believe that if it is a natural occurring tree, then you are not liable.
Select to expand quoteBen 555 said..
Jacarandas are in the moderate scale for root invasiveness ( not a word I know)
ie not as bad as ficus
A simplistic thing is to look at the canopy - if it's over her land and around the vicinity of her pipes. - then the roots will be there too.
If it's nowhere near and the property is older ( without the plumbing being renewed - ie old earthenware) then tell her to join the modern age
Root pruning on a Jac is fairly easy - just be sure to paint the root end that you want to kill ( not the tree) as quickly as possible after cutting - as the cells close of quickly inhibiting the chemical take up
Agreed. If the neighbour replaces the sewer pipes with PVC, then there will no longer be any problems. The old pipes will have seals that fail. Any drop of moisture that leaks will attract roots, and the pipes will probably end up blocking.
I think yards need trees, and I think the only long term solution is to replace the pipes.
Pretty sure a Jacaranda isn't a native. Is it possible to put a ditcher down the fence line and install a plastic root barrier? Shouldn't cost much and the neighbour should be happy. I was told that if you reduce the canopy of the tree, the roots are kept in control as well. Maybe a combination of a good prune and the barrier will solve the problem. If the tree roots are damaging some pipe work, I think you will have to do something. By the way, I love Jacarandas, had one when we lived in Brisbane but it was getting rather large when we left. 
Select to expand quoteGalina said...
My neighbor, who bought the property 8 years ago, claims that her underground pipes are invaded by roots of my Jacaranda tree. The distance between the tree and the fence line is 3.5m. She has already made other neighbors to chop their coral tree. Now she demands us to do this. As evidence she has photos of roots in the pipes and insists that they are roots from both tree. She is very determined to chop our tree. How can I defend my lovely tree. What is my responsibility?
You don't have in your profile which state you live and the regs may be different in each one. Local council may also have different bylaws, but the following is from a local WA council
Know Your Rights
If you consider your neighbour's tree is a danger to either people or your property, you should notify your local council as the Local Government Act empowers a council to take steps requiring the owner to make the tree safe.
Local councils also have the capacity to make by-laws which may modify some or all of the information set out in this pamphlet. You should make enquiries with your local authority before taking any action.
What can be done?
If a branch or root encroaches upon your land, you are entitled to cut and remove the offending branch or root at any point up to the boundary of your land. You must not cut the branch or root on your neighbour's side of the boundary without his/her agreement.
The law does not require you to give prior notice of removing branches or roots from your property, but it is both sensible and advisable for you to notify your neighbour that there is a problem and what you intend to do.
Any root or branch, or any flower or fruit growing on a branch that is removed, remains the property of the tree's owner and should be returned to your neighbour.
Care should be taken in the way branches or roots are returned to your neighbour as you will be responsible for any damage or littering that may be caused. Again, it is advisable for you to notify your neighbour of what you intend to do.
Payment for damage caused by a neighbour's tree.
There may be significant costs involved in repairing damage caused by a neighbour's tree. Encroaching roots may damage the foundations of your house or garage, block drains or raise brick paving; overhanging branches may drop leaves into your gutters or prevent your own trees and crops from growing.
You should notify your neighbour in writing of the damage, together with the costs of any repairs and other expenses. In your letter, ask how he/she proposes to pay for any costs that have been incurred and request that he/she has the tree, or the offending part of the tree, removed. You should keep a copy of the letter.
Once he/she has become aware of it, or ought to have become aware of it, there is a legal obligation on the part of your neighbour not to allow the damage to continue or worsen.
So, you have a way forward.
Respond to your neighbour in writing. Stating that you received their letter.
Whilst the origin of the roots are unconfirmed, you will prune any roots of the jacaranda that are crossing the shared boundary on your side. Ask to see the photo... No problems with stating the the facts... Tree is 3.5 m from boundary... I'd also be curious as to where the obstructed pipe is - at the front??? 25 m away from your tree??? But think carefully before entering into too much dialogue!! Some neighbours will never be reasonable about trees! 1 dropped leaf is practically the end if the world and a crime punishable by tree death
You can also confirm that no branches or other vegetation are overhanging you shared boundary and state that you will regularly check plants on your property to ensure they do not cross the boundary.
With regards to the language used in council advice... Ignore it! Times are changing! Councils are concerned about disappearing tree cover (google it). Watch this space for more friendly words and councils who actively care for tree preservation
As Toph said: in WA, the council will have a neighbouring trees policy. There are steps to follow and its up to the complainant to prove, at their cost, that the tree is a problem and represents a danger to life or property. This is done via a report from an independent Arboriculturalist (not just your local tree lopping guy) Quoted $450 for the report. The Arboriculturalist report is unbiased to ownership and only states the issue and potential outcome. (ie Root lopping/barrier, tree removal etc)
To the OP: keep a log and write it all down. You're on the 'other side of the fence' to our situation so take heed at our outcome....
We are still going through this 9 months since discovering our neighbours tree wanted to be in our yard more than theirs. www.seabreeze.com.au/forums/General-Discussion/Chat/Tree-ID/?page=1
Our neighbour has not even looked over the fence and refuses to acknowledge its their problem. She had been advised by another neighbour a few years beforehand - so she knew of the problem.
The tree (Gleditsia Sp) was cut down (at my and another affected neighbour expense as the tree owner refused to pay for it). We either paid for it and started repairs or go legal and drag it out (as she refused to attend mediation or anything else on the Councils neighbouring trees policy checklist)
Due to the tree type, it suckers even when roots are separated from the trunk. All poisoning did was kill the lawn - it still suckered from roots that had been poisoned.
The roots had to be removed - all of them. We found roots under paving under the main roof of the house 12m away from the tree - way outside the tree canopy area.
We have had movement in footings (cracked roof support columns) in one corner of the house.
Root barrier has been installed to 600mm. We cant get anything mechanical in to our yard so everything has been hand dug.
Retic, power and rainfall drainage had to be repaired or removed. (We have PVC drainage but the tradies didn't glue it together)
Existing paving had to be dug up and laid again.
The other affected neighbours have also had paving re-laid - due to their age they didn't opt to dig up the lawn and garden dug etc - they are now spraying the hundreds of suckers that are coming up.
Design decisions have been made around her refusal to do anything. We cant have any water or fertiliser enticing the several other trees under the fence, thus we now have a paved area instead of lawn and fake lawn going in.
There has been a massive number of hours my wife and I have spent doing the repairs (digging out the roots, which has been approx. 75m2 to a depth of 400mm - roughly 30 cubic meters or 48 ton that had to be moved multiple times by shovel!) To visualise 30 cubic meters of sand think 45 trailer loads from your local garden center.
Essentially we have had a worksite as a backyard for 9 months to get it back to being a usable back yard for our kids to run around in.
So far, it has cost over $6000 for repairs to our yard.
House insurance doesn't cover garden, so that's $6000 that we either suck it up OR now that the full extent is known, I sue the neighbour for.
Given she wouldn't stump up the $280 to get the tree removed at the start of the year - I can see that I'm going to end up in a legal quagmire.
She is already abusing me over the fence due to the noise from compactors and brick saws - she is gonna completely loose her ** when she gets the bill for this. Which will make for a relaxing neighbourly relationship.
Our back yard is now an albatross - I hate going out there as it just reminds me of how much money and most importantly; time with my kids that I have lost because a neighbour did nothing years ago and this all could have been avoided.
Note, I like trees; I liked the tree that was there before I found out what was going on underground. The lack of tree was the one thing my wife and I lamented when we bought our place 8 years ago, we live in a now "normal suburban block" where the houses takes up most of the block and our neighbours houses are never more than 5 meters away in any direction. The fences are all colourbond steel and do nothing to prevent roots travelling (like the old super6 did)
Massive trees have no place in this type of development. Its like keeping a horse in your backyard, you can do it when you have enough space around it for it to prosper and not annoy anyone else. Trees with massively invasive roots should be banned from being planted in these developments.
Not your tree type, but the Gleditsia Sp is banned in QLD and NSW, it is on the WA Dept of Ag Harmful Plants list.
Long story short - engage with your neighbour - don't be a c**t and accept that with great trees comes great responsibility.
Select to expand quoterod_bunny said..
Long story short - engage with your neighbour - don't be a c**t and accept that with great trees comes great responsibility.
That's about the long and the short of it, and what being a decent person is all about......
Thank you. I agree with you. It is what I suggested her. Since she blames the other neighbours tree roots in this damage at the same time in the same pipe, I want her to prove that my tree is involved. After that I would discuss my actions to recover the damage and prevent the future damage. The problem is that she does not want to listen absolutely anything except about killing it. 
She bought this block 8 years ago, shopped all vegetation on the land, covered with tiles, lifted her level by 60cm, damaged the fence, built the ugly wall retention on my side. Than she built extension of her house to 1m from the fence with two big windows. She does not live there, she has two sets of tenants. Young men are walking around with their heads above our fence. I never complained. This part of her house is new, so the pipes should be new, made of PVC.
Select to expand quoteToph said..rod_bunny said..
Long story short - engage with your neighbour - don't be a c**t and accept that with great trees comes great responsibility.
That's about the long and the short of it, and what being a decent person is all about......
flaming bag of dog poo
Select to expand quoteGalina said..
She bought this block 8 years ago, shopped all vegetation on the land, covered with tiles, lifted her level by 60cm, damaged the fence, built the ugly wall retention on my side. Than she built extension of her house to 1m from the fence with two big windows. She does not live there, she has two sets of tenants. Young men are walking around with their heads above our fence. I never complained. This part of her house is new, so the pipes should be new, made of PVC.
Blocking a view, you must be.
Our drunken racist troll of a neighbor thought he'd get us in trouble about the tree branches hanging a foot over the fence line, by calling the rental agency and having a moan to them, since calling the police like he did last time had so little effect.
Backfired on him, cos instead of making a fuss, they paid to get a crew in to trim all the trees :D saved me doing and having to deal with the trash. Cheers matey!
Select to expand quoterod_bunny said..
Hate to tell you this but you are legally responsible for all trees on your property.
Once you have been advised that there is damage to another property is your legal obligation to not let the damage continue or get worse.
If you choose to do nothing, you can be held financially responsible to make good the damage that the tree has caused.
that is bull sh!t
Select to expand quoteGalina said..
She bought this block 8 years ago, shopped all vegetation on the land, covered with tiles, lifted her level by 60cm, damaged the fence, built the ugly wall retention on my side. Than she built extension of her house to 1m from the fence with two big windows. She does not live there, she has two sets of tenants. Young men are walking around with their heads above our fence. I never complained. This part of her house is new, so the pipes should be new, made of PVC.
OK so was all of that approved by council and within regs? Probably, else she'd have to have consent from neighbours to do it. Anyyyway....
If the pipe is indeed PVC, then it will be obvious in her 'evidence' pics...... the rest is irrelevant, she can run around wearing tinfoil and screaming the Govt are aliens, but the only part that is relevant is
(1) has your roots invaded her drainage?
(2) what does local law say about that - and this has been answered above.
Seems you want to think you can avoid a legal responsibility (if it does exist) based on the fact you don't like her or her 60cm level increase or close to boundary extensions..... and that ain't gonna happen.
Your roots are, or are not, in her drain. If they are, the legal ramifications are the same whether she extended or not, lives there or not, etc...
Select to expand quoteCobra said..rod_bunny said..
Hate to tell you this but you are legally responsible for all trees on your property.
Once you have been advised that there is damage to another property is your legal obligation to not let the damage continue or get worse.
If you choose to do nothing, you can be held financially responsible to make good the damage that the tree has caused.
that is bull sh!t
Of course it is but that is the way it is. Don't matter what the rules are. What matters is that you know what the rules are.
Select to expand quote Cobra said..
rod_bunny said..
Hate to tell you this but you are legally responsible for all trees on your property.
Once you have been advised that there is damage to another property is your legal obligation to not let the damage continue or get worse.
If you choose to do nothing, you can be held financially responsible to make good the damage that the tree has caused.
that is bull sh!t
Why?
I pretty much paraphrased the local council document, which echoes what Toph copied from his local gov't document.
How can it be any other way? Something on your land is damaging another persons property in a foreseeable way and you are aware of this yet feel no responsibility for it?
To be honest, I can't believe that it needs to be spelt out so plainly in a set of rules at all?
Old cast iron or clay sewer pipes are hubbed every 10 feet with a male and female end and either a rubber ring or lead and oakum to seal it. It's very easy for roots to get into at this spot. Newer sewer pipes are plastic and glued together, roots cannot get in at all. If it's the leach field pipes running from the septic tank these have holes in the bottom for the water to run out, roots will get in there and nothing can be done to prevent it.
