I am a new agent so bare with me here..... I had a home inspection today for my buyers and the house overall is in fantastic shape!!! However, we have a major issue concerning the block wall in the backyard that seperates a neighbors yard from subject house. Basically the wall is cracked very bad all the way up, a few blocks are even being pushed out from the bottom and that section of the wall is just plain bowed out very bad. Right on the other side of the wall in the neighbors yard, theres a very tall palm tree about 18" away from the wall. Obviously the palm tree is causing this by its roots and such. I dont want this to kill the deal and I just wanted to know if anyone ever had this experience. Also, how would you experienced Realtors approach the sellers about this issue? Thanks in advance.....

Only thing you can do is ask the sellers to repair the wall. Is this a retaining wall? The tree is the cause and the problem will just return. Are you certain that the wall is on the sellers property?

Its not a retaining wall. And the wall is a "common wall" which divids the backyards. Its a normal block wall about 8 ft high.

I also always ask the inspector for advice... They can be a tremendous source of information for you to utilize.

Since the idiot neighbor planted a large palm on his property within 18" of a common block wall there is little that can be done as the problem will just happen again.

The best choice would be to replace the block wall with an 8' wooden privacy fence as that would not be as effected by the palms root system.

If it is cosmetic(regardless of how bad it looks) there is little the buyer can do as the buyer had to have seen this when the offer was made on the house.
Is the wall in danger of falling down?
What were the inspectors exact comment and what did he suggest?
What do your buyers want to do about it knowing that whatever happens also depends on the neighbor?

I try to put myself in the client's shoes. Based on that description, it is only a matter of time before that wall comes tumbling down onto my side because the tree is pushing it toward my side. Would I really want my 5 year old playing in the back yard when it does come down?

Logic would tell me that a common wall is the responsibility of the homeowners on both sides of the wall. However, if only one of the neighbors caused the damage (his tree), he would be responsible for the damage. Every state is different so you might want to consult an attorney.

Your problem is that you cannot force the neighbor to do anything because he is not part of the transaction. The seller can repair the wall but unless the tree is removed, it will happen again. The best thing would be for the seller to work something out with the neighbor to have the tree removed and the wall repaired.

You can't install a wooden fence, its against the CC & R's. Its not a cosmetic crack either, its a deep structural crack right up the wall and its pushing the bottom blocks out. Inspector suggested getting a licensed contractor out to take a look and give his expert advice on ways to remedy the situation. However the inspector was pretty certain the tree needs to be removed as that is the cause. My buyers are still in the due dilligence period for a few more days and I wrote up an addendum (Fri) asking for the wall to be repaired and I even asked for neighbors palm tree to be removed prior to COE. Listing agent was helpful and willing to help resolve this issue, I just dont know how far she'll get with the neighbors. I havent gotton the addendum signed and returned yet either, but it is the weekend. I just hope the seller can begin working something out with the neighbor to fix this problem. My buyers are contemplating walking away from the deal because they dont want to get into the house and right off the bat be in war with the back neighbor because they dont want to remove the tree....... I might try and seek an attorneys advice tomorrow.

You wrote an addendum asking that the neighbors tree be removed? Now that is funny! I can just hear the neighbor getting a belly laugh over that one. What lead you to believe that you can demand something be done that is not even on the subject property? You wrote this before picking up the phone and getting an estimate from a contractor? The wall can likely be repaired with the root situation in mind, it may have to be modified by perhaps leaving out the blocks being pushed out and replacing it with a lattice of wood, metal or a plastic material.

Since wood is out according to CC&R so what are the other acceptible fence materials?

Yep I did include that in the addendum I wrote up! It worked for me as well as the situation is under control right now. The Home Owners Association and city of Henderson (NV) was notified of the problem and confirmed that the neighbor is liable. The trees roots are considered an encroachment onto the property, therefore are responsible for any damages including the block wall. The Association is sending their own inspector out on the 12th for their investigation and to take pics and neighbor has been sent a letter that they are responsible for the damages. Hopefully this works itself out!

I certainly hope you got this "ruling" in writing. I never seen tree roots being considered an encroachment either as an agent or builder.

This stretch in definition offers whole new possibilities such as billing your neighbor for your sewer pipe repair because his tree roots damaged your line. Saying you neighbors tree roots from that 100 year old Oak are causing you foundation problems and the list goes on.

Perhaps the HOA or City should be going after the builder/developer that originally planted the tree too close to the wall.

Let us know how this plays out.

Actually, the tree is a palm tree that the neighbors had planted after they bought the house and within the CC & R's you cannot plant a tree within 5 feet of the wall. I'll let you know what happens.....

yes you can! but if the seller sell that property together with that matter i think the buyer should think about that.. cause if am the seller and am selling a property definitely i would not exceed for that problem or waste any money for that. it should always the decision of the buyer and the agent how to sell that.. did you explain all that, together with that matter? if so, i don't see any problem cause the buyer already expecting that.