Invasive roots from neighboring tree

[Punatang]

Kirt, with all off the expense and long term hassle you are looking at - why not back up and look at the whole thing as an opportunity.

There are all kinds of great things you can do with your grey water.  If you are on pier and beam it's super easy to reroute it into some kind of permaculture-ish situation. They took a weak stab at this over at Puna Makai in the back corner of the parking lot.  Try peek.

With the toilets, you can go to the incinerator toilets, composting toilets, bio-gas, etc.  These things have come a long way. 

This is the wave of the future and we will be seeing lots of this as we get closer to 2050.

I know you know how to do your own research - it's a fun ride.  I think you will save a ton of money and bad feels by going this route.

Then enjoy that big girl and all of her shade.  It's way more fun than any of the options listed so far IMO.

Cheers,
Tang

[MyManao]

Anybody have experience or ideas about trenching the property line? 

That actually sounds like a great idea.. assuming the availability of the equipment etc.

The question that comes to mind is what's the underlying rock? Pahoehoe would be ideal, Aa a little less so, and ash the biggest humbug. It's all a matter of how deep you have to go to get below the roots. As to what sort of barrier... a cemented together rock wall comes to mind. Cemented because the roots would go through a loose pile.. and I am plastic adverse.. and besides I can imaging a thin plastic barrier being breached pretty easily as the plastic breaks down. Though I as hopeful others have different ideas to offer.

Good luck!

[HiloJulie]

Kirt,

I reread your fist post and something caught my eye. You mention "Both the county and Ainaloa Association have given repeated notice to the lot owner to remove the tree, but neither seem to have any actual enforcement power. Removing the tree would would likely cost tens of thousands of dollars, probably more than the lot is worth." 

Now as we also assume, the neighbor nor the lot is worth anything. BUT... The County AND Ainaloa ARE.

So, bear with me here...

If this neighbors tree root ends up doing more damage than it has already done, or eventually will do to cause significant damage to your house, foundation, septic, etc., your homeowners insurance is on the hook to repair it. They will then, "subrogate" that claim against the owner, BUT, if they know that the County AND the Association knew about it, warned about it and did nothing about it, you got about a 99.9% chance of hearing the "negligence cha ching" bell go off. 

Having said that, getting the insurance company involved now, and let them hire that big beautiful bucks law firm that sends the notices of demands to the neighbor, County and Association that they belly up to the bar and get the tree down NOW, or face being held financially liable for all costs associated with the significant damage it already has done and will eventually do to your property, it might be worth a call to your agent and explain it all to them.

[HereOnThePrimalEdge]

getting the insurance company involved now,

I’d think twice about that. My experience with insurance companies is that they are more likely to deny your claim, and cancel your policy. They want to collect premiums and nothing more through the path of least resistance.

[Durian Fiend]

Have you offered to pay for its removal?
Might be worth a shot rather than pay lawyers.
Edit: The trench idea sounds like a good one.

[HiloJulie]

I know I should just shut up, but my gosh.

This poor guy has admittedly spent 10 grand on a problem that is not his. Now your suggestion he spend another 10 grand, 20 grand - maybe even more, to get rid of a problem that simply is not his. The cheapest thing to do would be sit back and every time there is an issue, better call Allstate. 

All because of the disgust for a lawyer? That for maybe 500 - 1000 bucks could solve this entire issue - getting rid of a problem that never was Kirt's to begin with, as well as the entire problem itself. And and even better lawyer would get Kirt's already spent 10 grand back.

Look I know lawyers are considered to be about 10 feet below that of whale shit, but come on, get real.

There comes a time when going to the real doctor results in the desired outcome that a witch doctor or self medication does not and cannot achieve.

I’d think twice about that. My experience with insurance companies is that they are more likely to deny your claim, and cancel your policy. They want to collect premiums and nothing more through the path of least resistance. 

While that may very well be true, even excepting the fact that my dealing with insurance companies have at each time, made me completely whole and then some, with no later cancellations, then really the only cheapest option Kirt has is to wait until he has to potty in buckets, his home foundation cracks in half, the roof is in his living room, and his septic tank is rolling down his driveway. But to continue to pour all sorts of chemicals along with his wallet down the drain, and spend hour upon hour digging, trenching, drilling and cutting that to date, has done nothing, seems, at least to me, the most absurd way to continue. Even if you get to use that small excavator for free, its going to go through 2 to 3 gallons of diesel an hour @5.00 bucks a gallon - for how many hours???

[Durian Fiend]

I know I should just shut up, but my gosh.

This poor guy has admittedly spent 10 grand on a problem that is not his. Now your suggestion he spend another 10 grand, 20 grand - maybe even more, to get rid of a problem that simply is not his. The cheapest thing to do would be sit back and every time there is an issue, better call Allstate. 

All because of the disgust for a lawyer? That for maybe 500 - 1000 bucks could solve this entire issue - getting rid of a problem that never was Kirt's to begin with, as well as the entire problem itself. And and even better lawyer would get Kirt's already spent 10 grand back.

Look I know lawyers are considered to be about 10 feet below that of whale shit, but come on, get real.

There comes a time when going to the real doctor results in the desired outcome that a witch doctor or self medication does not and cannot achieve.

If the owner doesn’t have the money to remove it  then it’s just a waste of time and money to pursue legal action, is it not?

[HiloJulie]

If the owner doesn’t have the money to remove it  then it’s just a waste of time and money to pursue legal action, is it not?

For a couple of hundred bucks, a good attorney may tell you just that. But then again, he/she may tell you otherwise. The decision to pursue legal action is an entirely different situation versus a sit down consultation.

With 10 grand already gone and the prospect of spending twice that or more - I'd say the couple of hundred spent on the attorney now, might be the best bet. 

Oh, and paying to have this tree removed yourself, assuming you use a legitimate, insured licensed tree service, but they may have a big issue in going on to the neighbors property to cut the tree down without the owners permission. You know, because, well, attorneys.

[HereOnThePrimalEdge]

my dealing with insurance companies have at each time, made me completely whole

That’s why I said I’d think twice. I’ve heard of instances where you don’t have to battle with them.  I’ve even resorted once to saying an attorney would handle my claim if they wouldn’t settle.  (An attorney friend said he would call them if necessary).
They settled.  Sent someone to drive the check out to me, 30 miles, within 2 hours.

Did you ever consider you were always made more than whole BECAUSE you were an attorney?

[Durian Fiend]

If the owner doesn’t have the money to remove it  then it’s just a waste of time and money to pursue legal action, is it not?

For a couple of hundred bucks, a good attorney may tell you just that. But then again, he/she may tell you otherwise. The decision to pursue legal action is an entirely different situation versus a sit down consultation.

With 10 grand already gone and the prospect of spending twice that or more - I'd say the couple of hundred spent on the attorney now, might be the best bet. 

Oh, and paying to have this tree removed yourself, assuming you use a legitimate, insured licensed tree service, but they may have a big issue in going on to the neighbors property to cut the tree down without the owners permission. You know, because, well, attorneys.

Right. I was assuming they’d clear it with the owner prior to proceeding