Contact a Certified Arborist or two for an onsite evaluation. Look for one qualified to evaluate potentially hazardous tree.

It's likely to be worth the effort to document the damage in images and report from the arborist.

As long as only small roots like those in the picture are hurt, it don't have to be a problem.

Laws vary from state to state, but in much of New England trees located close to property boundaries are known as "line trees" and are considered to belong to both property owners.

The roots of a Norway maple are extensive and usually extend well beyond the tree's canopy. Eight feet is awfully close to the foundation and house for a tree of this size. A poured monolithic foundation is quite resistant to any root penetration, but it's a very different story with block foundations and (especially) stone ones. A root with the diameter of a hair can penetrate through a very narrow opening and then gradually increase in diameter enough cause damage.

jean001a's suggestion is a good one. The damage done to the roots by the neighbor's construction may well have created a dangerous situation for both you and your neighbor. Since you are very likely co-owners of the tree, you are equally responsible - including financially responsible - for removing the tree if that is the recommendation of a qualified arborist. Again, check your state laws on this.

Stump grinding is usually a pretty minor expense compared to taking down a large tree in a location that requires lots of care to avoid damage to buildings, etc. Unless the roots have already penetrated the foundation, I don't see any way removing the stump would cause damage to it.

Question is... How do you determine did the tree damage the foundation?

I am most likely going to remove the tree but I am scare that by removing the tree, the roots that are around will die and cost some damage to the foundation for not balancing it.

I did research and it seems like Norway maple's roots are usually shallow but I am still a little bit concern of what the consequence might be if there are roots that is already next to my house and die.

What does stump grinding provide in this situation? Does it remove all the roots that are potentially damaging my house foundation?

As roots die, they decompose and yes, this can result in settling of soil in that immediate area. But I really don't see this as a huge deal-we take trees down every day in this country and you don't hear much about resulting settling/damage in subsequent years.

All tree roots tend to be more shallow than some folks think. Maples may well be at the top of the list for root shallowness, but this is really characteristic of most trees in most situations. Where soils are heavy, either due to clay content, being compacted, or other reason, roots will have an even greater difficulty getting down deeply into the soil. Tree roots, like all plants, need oxygen. That's the primary reason why we don't find a lot of roots at depth.

Whether or not to remove the stump is purely your call-and that of the neighbor, if this tree is joint ownership, as it does sound like it is. I removed the largest silver maple in my city a few years back-a truly enormous thing. When we dropped the stub, I made sure to make the final cut high-about waist height-so that I could hollow it out and plant flowering stuff in it. To say this has worked well would be an extreme understatement. But that's just something I wanted to do. Either get the stump ground out or don't-it's really a small part of this issue.

+oM

TreeNoobie, can you post a picture of the whole area and the tree?

I agree with the above advice. Just for curiosity's sake and so the next guy who has this problem can see your situation and the resolution. I'd love to get updates from you as well with what the arborists says and estimates.