Question:

We live in Israel. We bought an apt many years ago that had an aravos tree there in the chatzer (planted by a previous owner). The chatzer is only ours (not communal). In our chatzer there are sewage pipes from all the apartments on our side of the building. The tree roots caused a blockage in the sewage as the tree sits over one of the sewage pipes. The blockage was removed and in addition, we decided to have the tree completely removed to avoid future problems. I paid for the services of the plumber and the tree removal. I was asked by the Vaad Habayit to ask if other residents have any obligation to contribute to the costs. Thank you.

Answer:

Answer from Horav Y. Fleishman shlit”a

I think not and Rav Naftoli Nussbaum agreed. Even though generally we say al hanizak leharchik es atzmo and it wouldn’t be your problem but theirs-since here the pipes were there first and it is  known that aravos trees damage sewage systems and water pipes your seller  shouldn’t have planted it in the first place-therefore it is good what you did till now.:

 

Tags: damages

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