The roots of Kumari Goonewardene’s neighbour’s tree have infiltrated the foundation of her home.

And she’s not quite sure what to do about it.

She’s worried about the state of her home, where she also operates her business, Blue Skies Bed & Breakfast. She says she’s tried to resolve the issue with the help of the town of Niagara-on-the-Lake, but nobody has been able to help her. 

The culprit, a large mature tree in her neighbour’s yard, is right next to the fence that separates their properties. 

The tree has long roots that extend underneath her home, affecting Goonewardene’s ability to run her bed and breakfast.

The back deck of her home has been ripped up to deal with the roots growing underneath and she’s had people helping her redo her lawn.

Typically, she opens the bed and breakfast for business from April to November — this year, it was closed from April to late June.

Goonewardene said she didn’t want to have guests while the outside of her home was unpresentable.

Earlier this year, she tried to get a closer look at the tree’s roots.

“I was getting my gardener to dig the roots out and expose the roots,” she said.

After this, Goonewardene said her neighbour contacted the town office, which sent over an arborist who said she could not do anything to the roots without a tree removal permit.

Ten arborists suggested that the neighbour simply cut down the tree, which they have refused to do, Goonewardene said.

The homeowner at 5 Park Crt. refused to comment on the situation.

Coun. Sandra O’Connor visited Goonewardene’s home about three months ago.

One of the issues is that while the roots are on Goonewardene’s property, the tree they belong to is on the neighbour’s land, O’Connor said.

She said the town does not have control over the private tree unless somebody wants to cut it down.

“We are kind of caught in a very difficult situation on the legal side of things,” O’Connor said.

If Goonewardene hires a professional to confirm that damage in her foundation is due to the roots, the town may be able to help, O’Connor said.

“We don’t have that certification of certainty that that is what is happening. We are caught between two private citizens here.”

On Aug. 27, Goonewardene provided a structural engineer’s report showing the damage to town staff and so far has heard nothing, she said. 

Cindy Carter lives at 32 Park Crt., across the road from Goonewardene. 

“I was the one who advised her to call you,” Carter said. 

The damage from the tree rooting is obvious and appalling, she said. 

“The roots have gone in and it’s cracked (the foundation), their weeping tiles. They’ve had their whole backyard dug up. It’s one heck of a mess,” Carter said. 

She can’t understand why the neighbours won’t agree to take the tree down, Carter said. 

“The world has gotten to be a sad place. If you can do something to help somebody, wouldn’t you?” she said. 

Carter also noted three security cameras put into place by the owner at 5 Park Crt.

“(Goonewardene and her husband) are now having to endure three security cameras recording all activity and conversations in their backyard,” Carter said in an email to The Lake Report.

Goonewardene said she closed her business again in late October because guests were uncomfortable with the cameras while using the deck.

“Nobody used the deck this year after seeing the camera,” she said.

Gonnewardene met with fire chief Jay Plato last month, demanding an exemption letter allowing them to cut down the tree.

She said since the conversation, the town gave her a $500 fine for cutting a root.

The Lake Report spoke with Plato Friday morning, Nov. 8 and he confirmed that the town is excusing itself from the issue.

“Where we’ve landed with this situation is that it’s a civil issue between neighbours,” he said.

The particulars of the situation are not straightforward from the applicably by law, Plato said.

“The unique piece here is that through the definition within the bylaw, the tree and everything above ground is on the neighbour’s property — we can’t permit somebody to cut down their neighbour’s tree.”

juliasacco@niagaranow.com