If Ihave tree roots in my sewer pipes from city trees, is the city responsiblefor fixing the problem?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Ihave tree roots in my sewer pipes from city trees, is the city responsiblefor fixing the problem?
In our city the land between the sidewalk and the curb is considered city property, and there are 3 trees on that property. The roots have been getting into my pipes for the last 6 years and I have payed a plumber to clean them out. This is really causing me problems, now my finished basement has water damage and I don’t have the money to fix either problem. Can you help me?
Asked on February 25, 2011 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, tree roots in sewar lines are not the responsibility of the city, even if they are city trees. This is simply a known, predictable, and routine hazard of being hooked up to a sewar system, and is the responsibility of the property owner to deal with, such as by replacing the cracked pipe, which is allowing infiltration of roots, with a noncracked pipe that will keep them out. (At base, the problem is not the trees per se; it's that your pipe is old and/or damaged and has cracks that the roots can get in.) There is no legal course, except maybe in an exceptional case where you can show that city workers or contractors affirmatively did something that caused the damage to the pipe (e.g. while doing some utility work, cracked the pipe).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.