Underground utility lines found under a tree stump

[Jon1980B]

Jurisdiction

Maryland

I am in a townhome neighborhood. I have a tree in my front lawn that was there before I moved in about 12 years ago. The tree was full grown back then. The tree was most likely planted about the time when my townhome was constructed about 16 years ago. The tree died so I cut it down to its stump myself during summer 2018, and after cutting it down, I drilled holes on top of the stump and poured chemicals from hardware stores that's supposed to kill the stump. However since it's taking long time, and since spring inspection by HOA is comming up, I decided to dig and cut its roots and extract it. So I called utility line locator and had my front my lawn marked for underground lines, and found out the gas line runs right under the tree stump (diameter is about 18"), and electric lines right next to it which would be about where the roots would be. Had the tree not died, I would have never discovered this problem.

Now, this puts me in a bind because the risk of trying to grind or remove the stump by hiring a contractor may be greater than the risk of leaving the stump as is. The contractors may not take the job unless I accept the liability in case the gas or electric line gets hit while grinding or removing the stump. It's possible the stump and its roots may naturally decompose over many years without disturbing the utility lines but HOA may think otherwise and may take actions against me. HOA does not know about gas line under the stump, and has asked that the stump be completely extracted from my front lawn.

I did not plant this tree. It was there when I bought the house. Who has the liability over the tree having been planted over the gas line and very close to electrical line? There was one owner before me, but that was about 12 years ago. What rights do I have in this kind of situation? I called my utility company and their opinion is this kind of problem happens, and they are not too concerned. They will dispatch someone only if I smell gas in my front lawn, and even if someone comes out unless they find a gas leak, they will do nothing. In my neighborhood, the shape of townhomes and lawns are similar, and most of us have trees on about same spots on the front lawn. I suspect, some of us have utility lines right under a tress without knowing it since someone (likely the builder) dug to plant a tree on my front lawn without getting it marked for underground utility lines.

 

[adjusterjack]

Who has the liability over the tree having been planted over the gas line and very close to electrical line?

That's easy. You do. It's your property now. You inherited any problem that involves the property. Make no mistake about that.

What rights do I have in this kind of situation?

No rights, only obligations. You're obligated to not damage the gas and electric lines or you pay for them.

HOA does not know about gas line under the stump, and has asked that the stump be completely extracted from my front lawn.

Seems to me that the smart thing to do would be to tell the HOA that the gas and electric lines are at risk.

Then hire a stump grinding company to grind the stump down to a couple of inches below the ground level then cover the stump with dirt. You can probably have that done without risking the gas and electric lines.

 

[Jon1980B]

Thanks for your opinions. I am aware that I can look for a contractor. However, if the lines get disturbed or damaged while the contractor is grinding the stump, then who has the liability? It's possible that there might be a few contractor who would take the liability, but wouldn't most, if not all, make you sign off of all liability in writing? Another thing is even if a contractor safely grinds down the stump, the roots will still be underground. How would the contractor know for sure the roots won't disturb the lines down the road?

I was asking the question in the 1st place because I wanted to know if there has been any Code violation for someone having planted the tree right on top of a gas line. I understand it would be difficult to prove who planted the tree, but the way trees are planted on similarly shaped front lawn and townhomes in my neighborhood may give some idea about who planted the trees in my neighborhood or at least who selected the dig spot for the trees. It's likely other homeowners in my neighborhood have trees on top of underground utility lines without knowing it. I suppose, in case of a Code violation, if there was one, the statute of limitations may have expired by now.

Related to this question, I had hired a home inspector when I bought my home. Of course, the inspector did not find this problem back then. In future, if I ever buy another home, how can I make sure the trees or shrubberies have not been planted over underground utility lines by the builder or the seller?

 

[adjusterjack]

I suppose, in case of a Code violation, if there was one, the statute of limitations may have expired by now.

Wouldn't matter. You own it. There's no way of going back on the former owners or even the builder for planting a tree.

if I ever buy another home, how can I make sure the trees or shrubberies have not been planted over underground utility lines by the builder or the seller?

Ground penetrating radar is the only sure way of locating the lines. Anything else is just a guess.

 

[Jon1980B]

Wouldn't matter. You own it. There's no way of going back on the former owners or even the builder for planting a tree.

Ok, I'm not going to disagree with that, but would you mind finding me where in Maryland law you can support your answer please? I'm asking because I need to be sure as this is not a trivial matter for me. Otherwise I wouldn't be asking this question on this board.

I recall when I sold a home in Maryland many many years ago, I had to disclose all problems with the home in writing, and the buyer has a right to sue to seller if undisclosed problem is discovered within 1 year from what my realtor said. Not sure if that was a state real estate law or arbitrary wording in the contract though....

If you would care to answer my other question, in Maryland, the law requires contractors hired by a customer to file a ticket with miss utility to get underground lines marked. In some states, this is called Safe Dig or something similar. If the gas or utility line gets damaged while grinding the stump, who has the liability? I can't imagine why any contractor would take this kind of job unless the customer accepts all liability in writing. If a customer does so in writing, does that supersede any law that might hold contractor responsible?

 

[Disabled Vet]

I would have someone with a chainsaw come and cut the stump off at ground level. It will require them to sharpen the chain a few times. Dirt will dull the chain quickly. You can dig a few inches around the stump to allow them to go deeper. If i lived there i could have it done in less then a hour.

 

[hrforme]

basically the prior owner had to disclose anything they knew at the time. It is very possible they didn't know the tree was planted over the lines. Therefore they couldn't disclose what they didn't know or that there was a problem.

I'd talk to the HOA, because you may not be the only owner with that problem if the trees are old and possibly over/around lines.

Also have you called the gas company and electric to see what they would suggest?

 

[adjusterjack]

I'm asking because I need to be sure as this is not a trivial matter for me.

I can see that.

Please post a photo of the stump.