Neighbors tree roots damaging my property. editorial policy, so you can trust that our content is honest and accurate. Compare Quotes From Top Companies and Save, Property Damage From a Neighbors Tree Roots Your Rights and Options, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Hes owned the building for 10 years and the tree hes referring to is 40 years old. No. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. Portland, OR. Theres also a chance that it wasnt even your roots that are trespassing if there are other nearby mature trees present. The excavation company was asking about parking a dump truck and driving equipment on my driveway. While they did remove multiple roots, there was no way for us or them to connect it to the neighbors tree at that time. . To ask a question of the Real Estate Adviser, go to the Ask the Experts page and select Buying, selling a home as the topic. Cookie Notice Prune your tree so your neighbor does not hate you. The property is in Georgia. Once you know the work (and cost) involved, write a letter to the condo association and the managing agent insisting that the association address the issue. Although there is probably nothing the courts will do for leaves and pods on your . If you follow the cracks it leads right into the pipe and (should) explain how that was broken. editorial integrity, I forgot to mention that my neighbors tree is literally braking my fence apart. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Home equity line of credit (HELOC) calculator. Trees are often regulated by Texas municipalities. 1008 (1983). Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Of course, you could also just ask your neighbor and come to some kind of an arrangement with them. It is now going on two months. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths. Please remember that your use of this website is governed by Bankrates Terms of Use. 2023 RISMedia. Since it hasnt fallen yet is that still considered an act of God or giving the owner fair warning makes him/ her responsible ? I need to do something soon. All information available on our site is available on an "AS-IS" basis. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. The bids I've received to fix this problem are in the $15,000.00 range. The tree may not be appropriate for the location. The tree in question is right on the border of our property. The court ruled that the neighbor had "drastically reduced the tree's aesthetics and compromised its ability to provide shade" and awarded $7,530 in compensatory plus $15,000 in additional actual damages for "loss of aesthetics." Total actual damages equaled $22,530. Get dates and times. Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight. The following are answers to some frequently asked questions about disputes involving neighbors and trees, including the right to trim encroaching branches and how trees relate to (and sometimes define) property lines. New comments cannot be posted and votes cannot be cast. If it does, a neighbor could bring a lawsuit against you for the death of the tree. But please dont commit arborcide to rectify the issue. If that is the case, you will need to consult your neighbor, as you cannot unilaterally decide to move or kill his tree. But if he kills the neighbors tree, he is liable. Thus, the complaining neighbor is free, technically, to sever the roots on his property but he would be wise to heed the foresters caution. Landowners are responsible for maintaining the trees on their property. Roots grow gradually, so the damage they do can be equally gradual. You may call me for a consultation at 818-739-1544 ext. You may not go onto the neighbor's property or destroy the tree. Damage to Your Property Caused by Your Neighbors Tree Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. There is a chance that your actions may cause the tree to die. The roots have been damaging my concrete driveway and the foundation of my house. What You Need to Consider Before Removing a Chimney, The Homeowners Guide to Rewiring a House. It is not a substitute for professional legal assistance. Neighbors are free to trim branches that extend into their property but may be held liable for any trimming beyond the property line. Going to court can be expensive and take a long . Sharing a tree with a neighbor You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. What can I do. 10 / 11. Your defense would be that you had to cut the roots to prevent damage to your. "The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a . Check your local laws to see if you can eat any fruit that falls off the tree. For weekly email updates on residential real estate news, sign up here. He said I should cut the tree back to help rectify the problem, but that chopping it down could lead to more damage as the root support would give way underground. You have money questions. The roots of your neighbor's tree are causing your fence to uproot or shift. The area it stands is near the side of my house where one might park a boat or an RV. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . Yes. It's tempting to want to try and force your neighbor to make it go away, I know, but stay focused on what's going to be most productive. Can I do something about it? All Rights Reserved. If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. It's a good idea to see if the damage is covered by insurance. Most healthy trees are a property asset. Disclaimer: Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. We believed the tree had been struck by lightning at some point and it was in desperate need of trimming, so we wanted the opinion of an arborist to evaluate the health of the tree. Bankrate has answers. Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. Its likely he made the same assertion to the previous owner who apparently didnt think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. In my case my driveway pavers are severely damaged by protruding tree roots bulging from the ground and caused by a tree planted between my neighbor's driveway and my driveway. Laws vary somewhat but most states say that if the roots of a homeowners tree damages a neighbors drive or home, then thats the neighbors problem to deal with. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. Your specific rights and remedies may vary depending upon local law. The court will probably apply areasonable care standard. Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. Issues With Leaves, Acorns and Fruit Period. Anyone can read what you share. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. My HOA has sent . A neighbor's tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. A neighbor may sue if the tree is noxious. He refuses to help or even offer to have his gardener maintain his tree. I've reached out to an arborist for an estimate and he will be coming out next week. If the board fails to act, and the roots on your property can be removed or shaved without compromising the tree, hire someone to do the work for you. Some trees can send out roots for more than 200 feet. Both mediators and arbitrators are available to help resolve a dispute. It's always going to be better to try to negotiate a solution first. Otherwise, Merullo says that because this is an ongoing problem, you might be able to get these roots declared a nuisance, in which case a court might put the burden on your neighbor to remedy the problem. You may not go onto the neighbor's property or destroy the tree. Tree trimming: You are allowed to maintain your property not only to the lot line, but also under the ground and the sky above it. My neighbor's tree-roots are destroying my driveway. For more information, please see our If the tree was dead or diseased, and the neighbor was warned but did nothing about it, you may be compensated for damage to your property. "Noxious" means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage. They might not know what is happening on your side of the fence. The email address cannot be subscribed. What can we do to prevent the tree from growing back over our yard? New comments cannot be posted and votes cannot be cast. which the tree grows out of the ground lies on both sides of a property line. Does the owner of the tree have to dispose of the branches or the person who cut the branches? Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. Quotes and offers are not binding, nor a guarantee of coverage. so you can trust that were putting your interests first. Copyright 2023, Thomson Reuters. Sometimes a tree on one persons property has roots that extend so far that they damage a fence on the adjacent property. The driveway is starting to buckle on the side with the easement due to some really large roots from a big tree on my property. The neighbor, who used to enjoy sitting in the sun in his or her . Jeffrey Johnson is a legal writer with a focus on personal injury. Use a root saw or ax to cut the root as cleanly as possible. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. You may not go onto the neighbor, who used to enjoy sitting the! 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