Purchasing house w tree next to foundation - should I withdraw offer?

[mason314]

I'm hoping someone with tree knowledge can give me advice today.

I have a purchase offer in on a 120-year-old brick 3-story house with a basement foundation that goes about 3 or 4-feet below grade. In our area, the soil is pretty much always clay.

I made my original offer contingent on the removal of a tree growing right next to the foundation of the house. The tree is a large shade tree whose crown extends over half the roof of the house (about 40 ft. tall). The trunk of the tree looks like a maple, elm, etc. (not a sycamore, beech, etc.). The trunk is probably 2-3 feet in diameter and is touching the foundation at the base of the house. The trunk is also leaning about 5 degrees away from the house, toward the neighbor's house.

The owners accepted my offer, but said that they couldn't remove the tree. The edge of the house is on the property line, and the tree belongs to the neighbor. They offered me $500 to have it pruned.

I've done more research today, trying to decide what to do. I read that a tree next to a foundation can cause problems, but removing it can cause more problems (decaying roots, air pockets, etc.).

Otherwise, this is a great property. I'm still trying to decide if this tree is a deal breaker. Any experts out there with experience in a situation like this?

 

[Johny Utah]

opcorn:

 

[trimmmed]

Go talk to the neighbor, see if they have a problem with removing it. If it is truly theirs and they do have an issue, ask them if they will commit in writing to fixing your house if the tree falls. You'd have to write that up, without time limit as well as recording that agreement with the county, which would bind future homeowners to that.

or

you knock down the price of the house to include what the future repairs would be with the house owners.

Without agreement to that I'd withdraw the offer, but I might then watch the listing and lowball offer as it sits. Agent has to present all offers, that's the law in NY anyway.

 

[computeruser]

I'd not be materially swayed either way by the tree's proximity, honestly. If the tree is healthy and not obviously apt to heave over onto the roof in the next windstorm, I don't see a problem. I've never been one to live in perpetual fear of trees like those folks who insist on clearing everything around their house back x number of feet, as if they lived in some forest fire zone. Having had trees drop on (and through) a house in the past, I can assure you that the world kept turning, insurance paid out, things got fixed, and we moved on with life. I'd much rather take that risk than be without the climate-moderating benefits of a nice shade tree shading my house.

Incidentally, clay soil with poor drainage is a greater risk to foundation integrity than a single tree growing nearby is ever apt to be. If the foundation walls aren't bowing or dislocating presently, I'd leave well enough alone, buy the house, and carry on.

 

[mason314]

Thanks for the advice. I really appreciate it.

The owner of the property next door lives in another country, apparently. Not sure who is living there now, but he's not available to ask. Even if he were to take down the tree, I'm wondering about the damage from decaying roots. In any case, my understanding is that in Missouri, my insurance would be responsible for any damage from his tree.

As for the current condition of the foundation, it appears solid. It is not bowing. It is a 19th-century basement, though, and there is some water seepage with heavy rains.

Part of my quandary is that the house is already a great deal in terms of price, location and condition. It's a hard one to let go.

The advice of each of you who replied reflected the two sides of the argument I'm having in my head right now:

1. Walk away or counter really low, taking into account the cost of potential problems from the tree. (Someone else will likely purchase this house at the current price given its location and condition, I would guess.)
2. Forget about the tree. Know that it's been there for 50 years and that the foundation seems okay now and will probably be okay for the next 15 that I'm there.

I'm wondering if there's anyone reading the forum who has dealt with a similar large tree/foundation issue.

Thanks!

 

[treemandan]

Do a thorough home inspection, especially the foundation. It sounds like a mess. I think the owner of the house has the right to demand the owner of the tree have it removed.

 

[Fred Wright]

When I was a kid, a neighbor lived in an older home that had a large maple beside the porch. We used to climb in it. Hurricane Agnes saturated the ground and blew the tree over. The root ball came out of the ground and demolished the porch and part of the foundation for good measure.

Large trees are fine in the yard but really shouldn't be let grow large next to a structure. By virtue of the basement wall there's probably little root support on the house side. Insurance claims notwithstanding, no one wants a tree crashing into his living room during a hurricane.

If you really like the house, go ahead and make an offer with the tree trimming cost in mind. I would recomend having the tree trimmed so that it doesn't pose a potential hazard. The neighbor may have no issues with this but I'd ask before hiring an arborist company.

 

[mason314]

Thank you all for your advice. I ended up accepting the counter offer. I will hire someone to inspect both the foundation and tree during the inspection period. I've also asked my realtor to contact the seller to see if they can put me in contact with the neighbor. I'd like to ask him personally about the tree.

 

[sgreanbeans]

I agree with Danno 100%. You need to get that wall checked. Also look into the law in your neck of the woods, if the tree is touching your property, you have the right to remove it, especially if a building inspector finds the slightest crack in your wall. I cannot believe that the foundation has not been effected by the tree, chances are you will find more than you thought. If you have not closed, get someone in there to check it. Current homeowner could be skating a big problem by passing it on to u.

 

[esshup]

You might be able to go to the County seat and find out the address of the property owner. Send them a letter and see if you get a reply. The county has to know who to send the tax bill to.

Does the property owner live in out of country or out of county?

I know Missouri has some weird property laws. To make a long story short, a friend bought 20 acres and now cannot get access to it because the judge decided that the property is now landlocked. How the property was sold in the first place is strange, because landlocked property cannot be sold in Missouri. (or so I was told)

 

[johninky]

The family farm house in Ohio is at least 150 years old. Framework is hand hewed chestnut. Cellar walls are just field stones. Around the house, some no more than 5' from the foundation, are 4 trees. One, a locust, is probably 100 years old. The pines are only 50 years old because I can still remember planting them. Still no foundation problems.

 

[lone wolf]

Do a thorough home inspection, especially the foundation. It sounds like a mess. I think the owner of the house has the right to demand the owner of the tree have it removed.

I agree with that it depends on State laws though and that is what you should look in to!Ask a good attorney that handles real estate near you!