Sewer line destroyed by trees planted by city

[ericartn]

What is the name of your state (only U.S. law)? Illinois

The city has planted trees along the parkway of my property. I am unable to alter these trees. For 14 years they have wreaked havoc on my sewer line, requiring rodding at least once a year. Now they have completely damaged the line requiring me to replace the pipe.

I'm pretty certain that I am responsible for the trees, but my sister keeps insisting that I could go after the city for repairs. Is there any legal recourse for the city's trees damaging my sewer line?

I have also attempted to get the city to remove the offending trees because of the financial burden of removing the roots from my line, but they keep denying it. Is there any legal standing for me to force the city to remove the trees?

 

[NC Aggie]

Can you clarify rather the trees are with the right of way or within your property's boundary? If they're within the right of way, then how close is your sewer lateral to the right of way or is it within the right of way? Typically, the City, other municipality or utility company would only be responsible for public utilities that are within the right of way or for utilities for which they have a public utility easement. Property owners would typically be responsible for the utility line (lateral) for which service to their property is provided. Secondly, if the trees were planted within your property boundary, you have every right to remove the trees. I suspect, however, they were probably planted within the right of way.

 

[ericartn]

Sorry for the delay in response, I had to go out of town for the weekend.

Yes, the trees were planted on the Parkway right before the street. I believe the city used to cover repairs to sewer lines once it crossed the property line. However, when we called the city to check the main line to make sure that it wasn't the main that was blocked, they told us that we were responsible for the line all the way until it met with the main. I was also told that if the plumber had to dig up anywhere from the sidewalk through the road to access my sewer line I would be responsible for repairing any damage to city property. Luckily, they were able to quote a repair for a trenchless liner and only have to dig one hole on my property.

The blockage of the line occurs almost as soon as my property ends and the sewer begins. I'm just extraordinarily frustrated because the city planted these trees where they knew sewer lines to be, and last year my neighbor had to have their line replaced. And I have seen other houses in my neighborhood also have their lawns dug up to the street over the past 10 years.