What Homebuyers Should Know About Trees on a Potential Property
There’s nothing quite like a tree-lined property: shade on hot summer days, picturesque fall colors, and a touch of privacy from the neighbors. But while trees can add beauty and value to a home, they can also bring hidden risks, especially if they’ve been neglected.
When you're buying a home, it can be easy to fall in love with a backyard full of towering oaks. But before you make an offer on a property with trees, keep these factors in mind during a home tour.
Roof Overhang and Potential Property Damage
Large branches hanging over the roof might provide shade, but they also pose a risk. Storms, high winds, or even a weak limb can send branches crashing down, damaging shingles, gutters, or even the structure itself.
Be mindful of the following:
- Overhanging limbs that could break off in a storm.
- Leaves and debris in gutters, which can lead to water damage.
- Signs of previous damage or patchwork repairs on the roof.
Dead, Dying, or Diseased Trees
A dead tree isn’t just an eyesore; it’s a liability. If a strong wind sends it toppling onto your house, or possibly worse, a neighbor’s, you could be on the hook for costly repairs.
What to look for:
- Trees with missing bark, fungi growing at the base, or dead branches throughout the tree.
- Leaning trees, which might indicate root or structural weakness.
- Large cracks or cavities in the trunk.
Root and Foundation Concerns
Those big, beautiful trees didn’t get that way overnight. Their roots have been spreading for decades, sometimes invading places they shouldn’t, like the foundation, sidewalks, or plumbing.
Signs of possible issues:
- Tree roots visible near the home’s foundation.
- Cracks in sidewalks, buckled driveways, or even cracks in the home’s walls are a potential sign of root-related foundation movement.
- Slow drains or plumbing issues, which could mean roots have invaded sewer lines.
Neighbor’s Trees Overhanging the Property
A neighbor’s tree extending over the fence might not seem like a big deal, until it starts dropping leaves, fruit, or branches onto your property. At best, this scenario creates additional landscaping maintenance for a next-door neighbor. At worst, it causes damage to the adjacent property.
Check for:
- Overhanging branches that could fall onto your would-be home or yard, the fence, or exterior buildings, such as storage sheds.
- Signs of decay or weakness in a neighbor’s tree.
- Ask if there is any tension between current homeowners and the neighbor regarding any potentially problematic trees?
Risks vs. Rewards of Trees on a Property
Trees can be a wonderful and even desired amenity, but they are not without some risk.
Pros of Trees on a Property
- Plentiful shade can lower cooling costs in the summer.
- Enhanced curb appeal can boost property values.
- Privacy and noise reduction from neighboring properties.
- A well-maintained landscape can contribute to soil stability and drainage.
Risks of Trees on a Property
- Potential for damage to the home, driveway and sidewalks, or plumbing.
- Costly removal if a tree is dead or unsafe.
- Potential liability if a tree falls on a neighbor’s property.
- Local restrictions on cutting down trees.
If you’re considering putting in an offer on a property with large or questionable trees, it is worthwhile to conduct a thorough home and property inspection. You may also want to reach out to an arborist who can assess tree health and flag any potential hazards.
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What to Look for in a Property Inspection
Inspecting water and sewer lines for tree root intrusion is crucial, especially if the property has mature trees near the foundation, sewer system, or septic tank. Set yourself up for success by looking for warning signs and understanding your inspection options.
Warning Signs of Tree-Caused Problems
Slow drains: If multiple drains (toilets, sinks, tubs) are slow, it could mean roots are restricting flow.
Gurgling sounds: Bubbling or gurgling noises from drains or toilets may indicate a blockage.
Frequent backups: If the owner has experienced repeated clogs or sewage backups, tree roots could be the culprit. Owners and the seller’s agent are required to disclose any known problems, even if the property is being listed as-is. "As-is" simply means no repairs nor concession for repairs will be made on any existing or discovered issues.
Soggy or sunken patches in the yard: Unexplained wet areas, extra-green patches of grass, or sunken indentations in the yard are an indication there may be a crack in a line, where extra water is seeping into the yard.
Sewer smell: A foul odor around the yard or inside the home near drains is a sign of a potentially significant sewer line problem.
Inspection Options
Dye test: If there were soggy or sunken patches in the yard, a dye test is one of the least intrusive methods to indicate a crack or break in a line. A professional places a non-toxic dye in a drain, then flushes water through the system. If the dyed water seeps into the yard, there is a leak somewhere in the line that needs to be repaired.Check the property’s sewer cleanout: Most homes, particularly newer builds (due to code), have a sewer cleanout pipe, typically located along an exterior wall near the foundation. The benefit of a cleanout is that it allows plumbers to easily inspect the main line, clear blockages, or perform maintenance without having to dig up the yard or remove a toilet for access.
Hydrostatic pressure test: A hydrostatic test is accomplished by plugging the main sewer line and filling it with water to check for leaks. If the water level and pressure drops, there is likely a breach in the pipe.
Sewer scope camera: If root intrusion is suspected, a plumber can run a sewer scope camera (a small camera attached to a flexible cable) into the pipes to check for intrusion, cracks, or blockages. This method provides real-time footage and the precise location of an issue.
If problems are discovered during an inspection, there are a number of repair options, including:
- Mechanical removal: A plumber will use a root-cutting auger or hydro-jetting to clear the roots.
- Chemical treatment: Application of root-killing chemicals, such as copper sulfate or foaming root killers, to slow regrowth.
- Pipe relining or replacement: If damage is severe, trenchless relining or full pipe replacement may be necessary.
Additional Considerations for Trees on a Property
There are a few additional considerations when it comes to tree concerns on a potential property.
Understand Local Tree Regulations
Some counties or municipalities have restrictions on tree removal, particularly if the tree is considered a champion tree (one of the largest of its species in the area) or part of a designated conservation area or wetland.
- Some areas require a permit to remove trees above a certain size.
- HOAs may have landscaping rules about tree removal, such as replacement requirements.
- If a tree is near a sidewalk, or street, it may be considered public property.
Always check with local authorities before assuming you can cut down or alter a tree.
Talk to Your Home Insurance Provider
Not all home insurance policies cover damage from fallen trees, especially if the tree was already dead or in poor condition when you purchased the home. Before you make an offer, ask your insurer about coverage and whether a tree inspection is required.
Remember that if you're seeking a mortgage for a home, virtually all underwriting mandates that a home’s roof be in insurable condition. Any roof damage could risk the insurability of the property and delay closing, as the damage must be corrected with either repairs or a full roof replacement before underwriters will certify the loan.
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Address Neighboring Tree Concerns Early
If a neighbor’s tree is overhanging your future property, it’s better to address concerns before you move in, rather than after damage occurs.
The law varies by state, but in most cases:
- You have the right to trim branches that extend onto your property, as long it doesn't harm the tree.
- If the tree is obviously dead or hazardous, the neighbor may be responsible for any damage it causes. Some insurers view tree incidents, particularly from a natural disaster, storm damage or a severe weather event, as “acts of God” and offer coverage. However, some insurers may hold the neighboring owners at fault, particularly if there was evidence of neglect.
- A polite conversation with the neighbor is often the best step to resolve any potential concerns, or determine if any problematic trees are going to present significant neighborly disputes.
How to Negotiate and Address Tree Concerns in Your Home Offer
As a buyer, there are effective mitigation strategies to include in your initial offer when considering a tree-laden property.
Add a Sewer/Tree Root Inspection Contingency
You can include a contingency stating that the offer is subject to a plumbing and sewer inspection to check for root intrusion, particularly if there are warning signs that damage is present.
The contingency will need to list the terms and remedies if significant damage is found, such as the buyer and seller agree to negotiate remediation or repairs, a price reduction to account for the needed repairs, or the ability to void the offer, if a compromise cannot be reached. The contingency should specify that the inspection expense is at the Buyers cost, as they are the requesting party.
Negotiate Tree Maintenance in the Initial Offer
If a tree poses a clear risk, such as dead limbs overhanging the house, you may want to negotiate its removal as a condition of the sale. Some sellers are willing to handle maintenance costs to secure the deal.
However, remember, if a home being offered as-is, the seller has signaled they will not be offering a concession for or making repairs and you will need to anticipate these repairs in order to close the deal.
A home with beautiful, mature trees can be a dream or an insidious nightmare. The key is knowing what to look for before you buy. With a little due diligence, you can safely enjoy the benefits of trees on your property while minimizing risks and future expenses.
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