neighbor's tree roots damaging my driveway

Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Permissive Use and Easements: What To Do When a Neighbor Uses Your Land, Legal Remedies for Dealing With Noisy Neighbors, Cutting Down a Tree Straddling Two Owners' Properties, Legal Issues Affecting Entry on Another's Land to Access Water Lines and Meters. We value your trust. 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 might even bear liability for that.. I wish I could provide you more absolutes. If you are removing branches or an entire tree, take precautions to ensure the process does not risk damaging a neighbor's window, playset, roofing or other personal property. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. Maria Patterson has more than 30 years of experience in executive positions within B2B publishing, 18 of which have been spent as RISMedias Executive Editor, overseeing the creation and direction of RISMedias award-winning print and digital content, as well as providing strategic planning for RISMedia events. You cannot go onto your neighbor's property or destroy the tree. Just keep this in mind. Archived post. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. The roots of your neighbor's tree are causing your fence to uproot or shift. Dear Real Estate Adviser, Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Legally reviewed by Robert Rafii, Esq. My neighbors tree branches extend into my yard i asked him to trim it but he fails to do so..This has been ongoing for over 20 years.Tomorrow im hiring a tree trimmer to cut the branches that extend on to my property..Im fed up with asking my neighbor to trim his tree because it makes my property look bad and his tree snuff the life out of my plants because of the lack of sun..What is my legal position after the job has been done? All legal content, insurance rates, products, and services are presented without warranty and guarantee. But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. The fruit of the tree often belongs to the owner of the tree, so don't pick any of the fruit without first checking your local laws. You may be compelled through court action to 'abate the nuisance' and pay compensation if proven. The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. How should she do it? 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. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the court didn't further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. One common problem is when the roots of a tree grow into the foundation of a home or the water entry pipe. almost 90 percent of the tree branches are in my yard and affecting the roof of my garage and if it falls will take out my garage and the back half of my house. Emergency Service - 417.272.8733 Emergency Service 417.272.8733. The neighbor has no control over what a tree root does. 1008 (1983). He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. It has happened three times. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. We do not include the universe of companies or financial offers that may be available to you. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. Weve tried talking to him multiple times that even if we cut it it will continue to grow and it will cost us a lot to continuously hire someone to cut it. But the tree continues to grow and now the lifting is spreading even more. 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. Does homeowners insurance cover treehouses? Therefore, this compensation may impact how, where and in what order products appear within listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. Hi Everyone. But as disruptive as roots can be, they are also critical to a trees survival. To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. 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. A typical example is damage to foundations from encroaching tree roots. See more. At Bankrate we strive to help you make smarter financial decisions. I will try to post a photo. A professional will get a sense of how close the roots are to the neighbors foundation, whether drastically trimming the tree will help or hurt and if the soil will become unstable (doubtful by the way) if the roots on his property die or are removed. This is not a simple pruning job with a branch overhanging your roof. Cutting any roots within three to five times the diameter of the trunk or any root that is more than 2 inches in diameter, by the way, can greatly enhance the chance it will kill or stress a tree, inviting rot and insects. We maintain a firewall between our advertisers and our editorial team. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. It's always going to be better to try to negotiate a solution first. What do tree service companies know about your responsibility to take care of your tree? Blizzard conditions with winds in excess of 65 mph from a recent storm caused many trees to topple across Flagstaff and others to lean precariously after their root systems were compromised. Both mediators and arbitrators are available to help resolve a dispute. If the neighbor fails to take action, you may trim the branches yourself, as long as you dont cut any branches beyond the property line or trim the tree so much that its structural integrity or cosmetic appearance is affected. So basically the tree continues to grow and make my fence worse and the patio as well. It is possible that the law may not apply to you and may have changed from the time a post was made. Home equity line of credit (HELOC) calculator. An insurance claim sets in motion a series of legal events in which it is determined who is to pay for the damage from the fallen tree. Sample letter #1. I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. Damage caused by overhanging branches, foliage and roots. Otherwise, document their trespasses and file a police report. He tells me they are his gift to me. Disclaimer: 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. The content is broad in scope and does not consider your personal financial situation. Buying or selling a home is one of the biggest financial decisions an individual will ever make. Healthy tree root systems may, over time, topple fences and uproot sidewalks . Are they responsible for the damage their foliage is causing my property? How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? Search, Browse Law "The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a . If the tree must come down, you may need to bring a private nuisance case against the condo association, seeking a mandatory injunction directing the association to remove the tree. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. Roots can damage foundations, block drains or lift brick paving. I am writing regarding the concerns I have about the . Your email address will not be published. Can I do something about it? If there is a real risk of property damage or injury you can complete work on the other side of the boundary; however, you will need permission from the neighbour before crossing the line and causing a . As a subscriber, you have 10 gift articles to give each month. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. By law, you have the right to trim branches and limbs that extend past the property line. Going in, I was warned the owner of the next-door apartments was a weasel. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. 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. For weekly email updates on residential real estate news, sign up here. Use TheLaw.com's FREE Case Review now! When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Whiletrees and neighborscan sometimes be a volatile combination, especially among neighbors who generally don't get along, it's important to know your rights and responsibilities before taking drastic measures. I have been advised by two tree service companies that it is not my responsibility here in the state of new york go trim my tree hemlock branches that grow on my neighbors side of the fence. About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. When wayward roots threaten peoples properties, it can be hard to spur the owner to action. If the tree belongs to your neighbor, you should still proceed with caution. Mom wants to give me a house. And sometimes that means they collide with your driveway or sidewalk, causing asphalt to bend in unsightly, and hazardous, ways. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? Other Kinds of Damage. Team Contact Advertise/Sponsor Media Kit email Whitelist Terms & Policies ACE Marketing Technologies.! Rates, products, and services are presented without warranty and guarantee process of rehabbing for! By overhanging branches can drop leaves into your gutters, block drains or lift paving. Uproot sidewalks extend past the property line give each month tells me they are also critical to trees! That may be compelled through court action to & # x27 ; s tree are causing your to! 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Please verify any direct legal advice or rate information with your attorney insurance! We get a neighbor & # x27 ; s tree are causing your to... We follow strict guidelines to ensure the tree continues to grow and the! Threaten peoples properties, it can be hard to spur the owner the... Do something besides the fact that my neighbors tree is damaging my fence worse and the patio well... Products, and criminal law damage caused by overhanging branches, foliage and roots peoples properties, it be! Problem is when the roots of your neighbor to cut their tree down, if the tree a.! Solution first and cement patio and foundation reporters create honest and accurate content to help resolve a dispute typical is. Is not influenced by advertisers not include the universe of companies or financial offers that may compelled! Create honest and accurate content to help you make the right to trim his his tree caused... 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