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Is there liability from tree root coming up?


Question:

Tree roots from common area have grown into my yard. My air conditioning unit sits on a slab a couple of feet from the wall of my house and the root has grown under the slab pushing it up and cracking it. A few years ago I complained about the root before it got that far. Finally someone sawed the root. Unfortunately I did not put my complaint in writing. They sawed 2/3 of root and said any more would compromise tree. Fast forward to now. Management company said they will cut rest of root but will not pay for any damage for unit since it is old in the course of moving unit and replacing slab. The alternative is just cutting root up to slab. Their reasoning is it's an old unit and they don't want to be responsible for it if something happens to it. I'd like to know if they are liable for everything since it wouldn't have grown like this if they had maintained and noticed this before it came to this situation?


Answers (7)

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