A Tree That Caused Damage
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Question
We live in a shared building. We have a tenant who bought a garden apartment with trees, one of which caused damage to the building's sewer line, resulting in a blockage every six months that needs to be cleared at a high cost. It should be noted that the tenant bought the apartment when this damage to the sewer system already existed. So, two questions: Every time there is a blockage, should the building pay or the tenant? And who should bear the cost of uprooting the tree, the tenant or the building?
Answer
Hello
There is no obligation on the one who planted the tree to pay for the damages caused to the sewer, nor for uprooting the tree, since the act of planting a tree is not defined as an act of damage.
Therefore, the building committee should bear the expenses.
Source
Shulchan Aruch, Choshen Mishpat, Siman 155, Se'if 32
One who had a tree in his field near his neighbor's pit, or intends to plant. The owner of the pit cannot prevent him and say: the roots of the tree enter my pit and cause me damage, as this is damage that comes by itself over time, and at the time of planting it does not cause damage, and just as this one digs in his own, so this one plants in his own.