- Jurisdiction
- Alabama
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.
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.