May also be planted too deeply. Clear the grass back away from it, giving it a circle about 3 ft. across. Check soil level at crown, adjust as necessary. Then carefully insert a suitable stake and tie to tree to that in order to pull it into a more vertical position - using something that will not cut or rub the bark. Then apply a mulch to the newly exposed soil, being sure to keep it away from the root crown.

Can I attach a stake parallel to the trunk along the region that is bent and cracked in order to make the tree straight? The solution you recommended will make the tree stay vertical but the section that is bent will still be so if not fixed in some way. If I insert a stake in the graoud as you suggested that will not help with the bent section since that is very close to the ground level

I take it that the tree needs to breed ( I read about this when I planted it) , that is why it was planted that way, kind of loose.. If I push the tree to the side the soil around the roots moves with the tree so I would not say it is planted too deep

The bent section close to the ground will not be corrected by staking, That is just the way the tree grew from the graft union and it will become unnoticeable as the tree ages and matures. All you need is the gentle staking as described above to bring it into a more vertical alignment.

As to the planting deeply or not, you will not necessarily be able to tell that from loose soil or a plant that is easily moved in the soil. That is more likely to be an indication of the recent impact jostling/loosening the root system. You need to be able to visually identify the root flare at the top of the soil surface to determine proper planting depth - if not visible, the tree is planted too deeply.

In the first shot the trunk looks to be entering the ground without the change in taper associated with the root crown being at the desired level.

the first shoot and the second shoot are taken from perpendicular directions and they are taken so to show that the tree is bent in two directions . I am not sure that I understand what you mean with "with the root crown being at the desired level."

The root crown or flare is that point on the base of the tree's trunk where it widens or spreads out into the actual root system. That needs to be visible at the soil surface or even slightly elevated.

Ivan, no extra soil should be placed on top of the root ball, roots need to breathe. the root flare should be even or slightly higher (to allow for settling) than the outside ground.

Ok from what you guys are saying I understand that I might have planted that tree too deep. The tree was moving and it was moving since the day I plated him. I tried to keep it close to the surface but it was shaky and I had to put a little bit more soil to make it stay in place. The stake you see in the ground in the picture was put there to help the tree stay in vertical position, otherwise because it was planted as advised, not to deep the tree would fall.

These being said I understand that:

-it is OK to put a stake to correct the bent zone

-it is OK to put another stake to correct the overall position of the tree

What I don't know is how to solve the root ball issue you indicated above

If you're talking about it being too deep, pull the excess soil back.

I would say yes for your first two questions. I happen to like JMs with straight trunks for upright shape. So I use sticks to correct them. But please use caution so not to damage the trunk with the ties.

Not sure about root ball issues. I tend to plant my JMs a little deeper than expert advised. most of my trees planted in ground don't have their root flare showing up except a few in containers. But the in ground trees all are doing fine. For me it is a personal preference to not see the root flare above soil line.

A personal preference that may very well spell long term harm for your trees!! A buried root flare is a primary cause of tree failure. It may not be immediate (as a friend says, think in 'tree years', not human years :-)), but it will happen. It is ALWAYS preferable to plant high, never too deeply. If you do not care to see the root flare, just cover it lightly with a coarse mulch.

OK so what should I do to fix the root ball problem?

Excavate gently to expose the root flare. Then follow the recommendations provided by Embothrium in his first post.

Ivan, You'll need to dig the tree up, then remove the excess soil on top until you get to the root flare. Then re-plant it with the root flare being slightly higher than the outside ground.

thank you guys, greatly appreciate the help, I now think I have everything that I need for this

I would not follow stuart's suggestion NOW!! It will be too much stress on the tree and its root system. Wait to do any lifting/replanting until late fall when it goes dormant. For now, just carefully remove the layer of soil that is covering the root flare.

the tree is badly hurt ..my first concern is to restore the look and the shape. Otherwise it seems to be doing fine...

I am wondering what should I do with the branches that were cut by the falling fence...can I propagate the tree using them ? do I need to cut the bottom side ?)

Toss 'em :-( Japanese maples are extremely difficult to start from cuttings, which is why 99% of the named trees you see (outside of the EU) are grafted.

I am disappointed to hear that

Would it have worked if I tied the branches back to the trunk? They were barely hanging there, almost completely severed from the trunk

Sorry, that wouldn't work either.