Getting to the root of the problem
DEAR BARRY: We bought our home three years ago, and our home inspector found no problems in the garage. Unfortunately, one wall inside the garage was never inspected because of a large attached cabinet.
This week, we removed the cabinet and were shocked to find major damage from tree roots that had broken through the stucco wall. That side of the garage is on the property line and therefore is part of the fencing that separates our property from our neighbors' backyard.
Last month, our neighbors removed a palm tree and never told us that the base of the tree had become part of our garage. Rather than remove the entire stump, they left it imbedded in our garage wall.
So we now have three questions:
1. Can the stump be left in place, or does it need to be removed to prevent termite damage or structural damage?
2. Who is responsible for the damages to the wall and foundation?
3. Are the repair costs covered by our homeowners insurance?
This is a real mess. — Jillian
DEAR JILLIAN: Allowing a tree to grow against a building is an unwise practice that has damaged many buildings. Trees grow slowly but powerfully and can do serious harm when planted near a structure. Now that you've learned those facts the hard way, here are five answers to your three questions:
1. The tree stump definitely needs to be removed, not only to prevent termite infestation, but to expose the full extent of the damage and to enable completion of all necessary repairs.
2. Your homeowner's insurance carrier may regard the damage as a pre-existing condition, because much of it would have occurred before you purchased the property. You'll need to discuss this with your insurance agent.
3. The next-door neighbor, whose tree caused the damage, may bear some responsibility for the repair costs, but neighbors don't always see things that way. Hopefully, this will not lead to unfriendly relations or the hiring of attorneys. Legal battles rarely, if ever, end happily for anyone.
4. The home inspector you hired before buying the property was unable to see the damage inside the garage because it was concealed behind a cabinet, but why was the exterior damage not seen during the inspection?
It could be that the neighbors' yard was not accessible at that time. If that was the case, the inspection report should have stated that the side of the garage was not inspected and that further inspection was advised.
5. One would expect that the sellers, when you bought the property, were aware of the tree problem, because it would have taken years for the damage to develop. If they did know about it, they had a legal obligation to include that information in their disclosure statement.
Ask the neighbors if the sellers had ever mentioned the tree to them.
Going forward, the first things to do are to remove the tree stump and roots, get contractor bids for repairs, and see if the neighbors are willing to share the repair costs. And before you begin, be sure to take plenty of photos.
To write to Barry Stone, go to www. housedetective.com.