Root Damage to Drains

[bluejays]

This summer a sewer back-up occured in my basement. Most of the damage was reimbursed by my home insurance co., except for the deductible and a residual of uncovered costs. So I'm out of pocket ~ $2,500. I sought reimbursement for these costs from the city of Toronto, but the adjuster replied that the city was not responsible because the damage occured to a section of the drain on my property, where I'm responsible for upkeep. From my perspective, the damage was caused by roots from a city owned tree, which penetrated my drain. Is the city liable? On what grounds?

[disneysteve]

The city isn't liable. This is no different than if the roots break through your sidewalk. It is your responsibility to pay for new concrete.

[snafu]

Same problem Calgary, roots reaching from trees across the road caused nearly invisible cracks in sewer line on our property. The city will come with their camera sewer equipment and photo the problems for the owner to fix on their municipal property. We were able to have roots killed with chemicals and avoid the sewer back-up you endured. The following spring the City dug up the road and replaced the sewer line for half the block. That took several months so no/none auto access on our street.

This problem will repeat so you need to remain vigilant.