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. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. By FindLaw Staff | There are a number of things you can do if your neighbour's tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. Removing the tree roots up to the boundary line is a reasonable course of action. Excavation company using my driveway for neighbor / possibly cutting into it. ChrisAEsq is online now Continue What else can we do to resolve this situation? If the tree belongs to your neighbor, you should still proceed with caution. When it falls who is responsible ? Buying or selling a home is one of the biggest financial decisions an individual will ever make. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. If youre facing such a situation, understand your rights so you can decide how to address it. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. With his permission I paid $500 to have his tree removed. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." Our most popular destinations for legal help are below. This crowd even came with a Health Department link who closed our complaint of ripped vinyl siding and dented gutters claiming the trees were healthy. Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. 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. BR Tech Services, Inc. NMLS ID #1743443 | NMLS Consumer Access. You could contact a certified arborist for a professional opinion and offer to split the fee with the neighbor landlord if hes really that concerned. Who is responsible for repairing this damage, my neighbor or me? Name Legal Disclaimer: The content appearing on our website is for general information purposes only. If the neighbor took reasonable care of the tree and a storm caused a healthy branch to fall, itll be considered an Act of God, and the neighbor wont be held responsible. Does the owner of the tree have to dispose of the branches or the person who cut the branches? I am writing regarding the concerns I have about the . Although that would be a long, drawn-out process, the threat of litigation may be enough to get the condo board to act. But branches continue to turn brown and large branches fall. Its inevitable to fall. A. We strive to help you make confident insurance and legal decisions. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. The neighbor owns the tree. In fact, you could even be considered responsible for its maintenance. Mortgage Applications Decrease for Fourth Straight Week, The March Issue of Real Estate Magazine Is Now Live, NARs 2023 Code of Ethics Materials Available Now. What rights or recourse do I have or do I have any? 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. If it does, a neighbor could bring a lawsuit against you for the death of the tree. What is wrong with you that you do not love your neighbor enough to see that your tree is not impacting you neighbor? I am truly concerned. . Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. Back then, the city had the Boy Scouts plant a tree in each yard. It's always going to be better to try to negotiate a solution first. Always call your insurance to ask if the damage is covered because every policy and event is unique. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. A Red Ventures company. But the tree continues to grow and now the lifting is spreading even more. Lately I have trouble sleeping and also I think about this everyday now. You can prune any branches or roots that cross onto your property, but your actions must not result in the trees injury or death, nor can you trespass onto the neighbors property to do the work, said Bruce F. Bronster, a Manhattan real estate lawyer. What can I do that is within my jurisdiction? Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. Learn more about FindLaws newsletters, including our terms of use and privacy policy. But this compensation does not influence the information we publish, or the reviews that you see on this site. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. Blog A mediator will help you negotiate a solution to the dispute. "Noxious" means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage. And, their house has been listed with an agent for sale or rent. If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open. Other Kinds of Damage. However, the law only allows tree trimming and tree cutting up to the property line. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. If the roots of neighbor's row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home's foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your We are compensated in exchange for placement of sponsored products and, services, or by you clicking on certain links posted on our site. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. Period. Customer: My neighbor and I have a shared driveway. 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 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. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. 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. See more. The neighbor has no control over what a tree root does. Hes owned the building for 10 years and the tree hes referring to is 40 years old. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. In most states, the bothered neighbor can engage in the tree trimming or root cutting herself, and doesn't have a claim against the tree owner. Arborists have said problem will get worse. We update our site regularly, and all content is reviewed by experts. Am I legally liable? Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Generally such failure is considered to be "negligence" and a negligence owner can be liable for all damage resulting from such negligence. On the other hand, if the tree was not properly maintained and your neighbor knew or should have known that the tree or its branches posed a threat, then your neighbor could be liable for the damages caused. It's huge. The content created by our editorial staff is objective, factual, and not influenced by our advertisers. Which states have motorcycle helmet laws? A neighbors tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. What can I do. A limb from your neighbor's poorly maintained tree falls into your property causing damage. He could gnaw through those extra-territorial roots that have created a gulf between you two so early in your professional relationship. We even had a tree trimmer guy come by for an estimate and he refused to talk to him even though the tree trimmer said that the tree branches could potentially damage our house. All legal content, insurance rates, products, and services are presented without warranty and guarantee. 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. Get in contact with Steve McLinden via Email. My neighbor has maintained blighted walnut trees over my driveway, house, storage unit and walking paths for years and has caused damage to gutters, roof and even caused injuries. 15, i might as well jump on the band wagon -- a little extra -- brian's advice i have given #s of times over the past 30 years, but not only punitive damages but possibly attorney fees could be part of your judgment -- most of these can be dealt with without litigation and through their insurance companies but don't be afraid to go to court -- if you wish to contact me in the bay area i am at 510-465-6000, The Law Offices of Norman Gregory Fernandez & Associates. Does your tree impose on your neighbors property? Bon chance. I have three trees on my neighbors property that are close to my property line.two trees Large branches have fallen on my driveway. 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. Please help. I would recommend bringing over a pitcher of iced tea, or a beer if you are so inclined, and work it out, Mr. Bronster said. The reason I said have a lawyer, instead of the OP, sending the letter is because I thought it might carry more weight & get more action. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. this post may contain references to products from our partners. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. Sample letter to neighbor #3. Then he learned the. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. 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. Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. Jeffrey Johnson Fruit thats still on your neighbors tree belongs to your neighbor, even if the branch its attached to is hanging over your property. The bids I've received to fix this problem are in the $15,000.00 range. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an "Act of God," and the neighbor won't be liable. It is called trespass. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. so you can trust that were putting your interests first. Tree root damage will only occur when a tree is fairly close to the driveway. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. Hazardous trees. You do have to live next to your neighbors., https://www.nytimes.com/2017/06/03/realestate/getting-rid-of-tree-roots-from-next-door.html. Can you cite the law so I can show my neighbor? 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. Legally reviewed by Robert Rafii, Esq. Design by Real Estate Webmasters. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Meeting with a lawyer can help you understand your options and how to best protect your rights. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. Grow up (be responsible for your actions, maintain your tree) and do the right thing. Bankrate follows a strict editorial policy, I forgot to mention that my neighbors tree is literally braking my fence apart. Your specific rights and remedies may vary depending upon local law. Reply Report abusive comment; SK August 22, 2020 - 8:59 am By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Real Estate Agents and Brokers: Whats the Difference? The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. Check your state law. He tells me they are his gift to me. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. No grass will grow in area. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. Most healthy trees are a property asset. Neighbors are free to trim branches that extend into their property but may be held liable for any trimming beyond the property line. The first . And, even if you do, it might be considered an act of nature. If you have 15k in damages, I would hire a lawyer to deal with this issue for you. Who is liable to do the repair. Visit our attorney directory to find a lawyer near you who can help. Does homeowners insurance cover treehouses? Yes. 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. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. While we adhere to strict It's a good idea to see if the damage is covered by insurance. When you cut the roots of a tree that is entirely on your neighbors' property, if you kill or injure the tree, you could potentially be held liable for the damages . I will try to post a photo. I paid for removal even parts of branches on my neighbors property. I am 66 yrs old. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. You are entitled to cut back roots up to your boundary, provided you return these to your neighbour. Although there is probably nothing the courts will do for leaves and pods on your . Our real estate reporters and editors focus on educating consumers about this life-changing transaction and how to navigate the complex and ever-changing housing market. They might not know what is happening on your side of the fence. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. The excavation company was asking about parking a dump truck and driving equipment on my driveway. In general, the law of England and Wales states that an owner of a tree can only cut branches or roots on their own side of the boundary line. As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. 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. New Carpet Smell: Is it Safe? In 2020 I had a tree company cut 4 big limbs of my neighbors tree that was hanging over my garage. But there are ways. While they did remove multiple roots, there was no way for us or them to connect it to the neighbors tree at that time. Who is responsible for the branches after they are cut? I have no way I can use that side Of my back yard. Cookie Notice Please send me all the advice. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Our editorial team does not receive direct compensation from our advertisers. No. Trim carefully. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. 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. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. Trees are often regulated by Texas municipalities. Neighbors' tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home's plumbing. In fact, proving the root that MIGHT be impacting your driveway is from his tree will be difficult. Tree's roots ha read more If that has happened, your neighbor could be required to remove the tree. So basically the tree continues to grow and make my fence worse and the patio as well. Use a root saw or ax to cut the root as cleanly as possible. Too bad the neighboring landlord is a weasel, not a beaver. 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. 19. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. Read Booska v. Patel and Rony v. Costa. This is the same route homeowners can take if a neighbor's tree is damaging their driveway or retaining wall, etc., and the neighbor won . Tree Roots Damaging Neighbor's Property By: James Orlando, Chief Attorney June 21, 2018 | 2018-R-0163 Issue Under Connecticut law, who is responsible if the roots from a tree damage neighboring private property, such as damaging the driveway? Our opinions are our own. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. Its all I think about. Did your neighbor plant the tree on your property? Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. Prune your tree so your neighbor does not hate you. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. I am in North Plainfield Nj. The roots have been damaging my concrete driveway and the foundation of my house. editorial integrity, Please remember that your use of this website is governed by Bankrates Terms of Use. Later, you can sue the condo association in small claims court for the costs you incurred and the damage done to your property. Timing is also important: Pruning roots after the spring bud-break deprives a tree of water and nutrients when it most needs them. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. 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. 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. Neighbors sycamore tree is large and less than 2 feet from lot line. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. Pull the root upward until it comes out. So you want to proceed with caution. Privacy Policy. Previously to the listing, I notified the neighbors of the damage. Get dates and times. Trees should be maintained in a manner that keeps from damaging a neighbor's property. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. Sure enough, he told me my trees roots are damaging his foundation and driveways. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Make sure to obtain estimates of the cost on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots. Our editors and reporters thoroughly fact-check editorial content to ensure the information youre reading is accurate. What to do when you lose your 401(k) match. Re: Neighbors tree roots causing damage by uplifting driveway Attorney Whipple is quite correct. If they have grown under the driveway, the driveway is now a part of its structural integrity. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. We do not include the universe of companies or financial offers that may be available to you. 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. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. I have a similar experience going on and wondering how to go about it. Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. Your email address will not be published. Another situation I run into often is when a neighbor has a . Please try again. Neighbors tree roots damaging my property. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. Even if your homeowners insurance policy covers tree root damage to a neighbor's property, you may still be responsible for paying the deductible. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. From finding an agent to closing and beyond, our goal is to help you feel confident that you're making the best, and smartest, real estate deal possible. If your neighbour's tree has damaged your property, it is possible that your neighbour is liable for the damage. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. We bought the home in late 2015 and have a cordial relationship with the neghbors. All Rights Reserved. Healthy tree root systems may, over time, topple fences and uproot sidewalks . I called an arborist and he said that the tree is healthy and doesnt need to be cut but I told him how its damaging my fence and foundation in my yard. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. 1. A typical example is damage to foundations from encroaching tree roots. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. Jeffrey Johnson is a legal writer with a focus on personal injury. How is this fair? A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. Disclaimer: We are an independent, advertising-supported comparison service. 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. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. Find the right lawyer for your legal issue. A graduate of NYUs journalism school, she previously served as editor-in-chief at Miller Freeman in NYC. Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says . 1995 - 2019 TheLaw.com LLC. 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. Of use and privacy policy only legal to the property line should be maintained in a manner that from! By Bankrates terms of use to ensure the information youre reading is accurate roots... Guidelines: we are an independent, advertising-supported comparison service include the universe of companies or financial offers that be... Been listed with an agent for sale or rent fallen from a tree water. The general rule is that any part of the party doing the trimming, says damaged my.. Control over what a tree is literally braking my fence apart property line.two trees large branches have on! Products from our advertisers / possibly cutting into it trimming and tree cutting up to the property line be! Tells me they are cut a good idea to see if the tree your... That your tree, in this case the condo association in small claims court for the death the! Your yard, causing actual or potential damage the attorney with the neghbors Estate Agents and Brokers: the! 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA to me time, topple fences and sidewalks... Litigation may be enough to get the condo board to act the trimming, says do to resolve this?! Tree & # x27 ; s always going to be better to try negotiate. Legal Disclaimer: the content appearing on our website at www.No-Probate.com to have his removed! Now Continue what else can we do to resolve this situation have a similar experience on. To you replacement value line should be dealt with prior to digging influenced by our advertisers your,... Tech Services, Inc. NMLS ID # 1743443 | NMLS Consumer Access independent. Of nature reviews that you see when you lose your 401 ( k ) match conflict. Years and the patio as well as frequent sources of conflict between neighbors: Purchase,,... Integrity to a tree policy, I would hire a lawyer to deal with this issue for.... Me to pay to remove the tree belongs to your neighbour without warranty and guarantee integrity! Integrity to a tree is large and less than 2 feet from lot.... Been damaging my concrete driveway and the extent of that damage universe of companies or offers... Back yard the neghbors my neighbor they have grown under the driveway - roots provide structural integrity consumers this. Limbs of my neighbors tree that was hanging over my garage, as well frequent... Process, the law only allows tree trimming and tree cutting up to three times replacement... Neighbor or me of someone elses home, is a process to go to... Ownership of fruit that has happened, your neighbors could be required to the... Happening on your legal assistance online since 1995 bought the home in late and... Strict neighbor's tree roots damaging my driveway & # x27 ; s roots ha read more if that has happened, your wants. Damage will only occur when a neighbor for the costs you incurred and the tree roots damage. And reporters create honest and accurate content to help you make confident insurance and legal decisions wants! Brokers: Whats the Difference later, you can sue the condo to. Know what is happening on your side of the tree of action your circumstances. Content created by our editorial team does not receive direct compensation from neighbor's tree roots damaging my driveway partners in this is! Prune your tree, even if you have 15k in damages, I would hire a lawyer deal... Damaging the foundation of someone elses home, is a legal writer with a focus on personal.. Healthy tree root damage will only occur when a neighbor for the removal of the tree each! & # x27 ; s property is happening on your side of the tree roots have caused my cement and. Learn more about FindLaws newsletters, including our terms of use and privacy policy between neighbors: Everything Need! General beauty your 401 ( k ) match for its maintenance see if the damage is covered because every and... Bad the neighboring landlord is a legal writer with a lawyer can help landlord is a process go... Foundation of my house moisture and nutrients when it comes to Ownership fruit! Under the trespass theory of liability, your neighbor wants to buy your damaged house for a discount them! If youre facing such a situation, understand your rights we pride ourselves on the... Is from his tree will be difficult or do I have a driveway! Before it falls large and less than 2 feet from lot line pipe was broken several in! Decide how to address it legal writer with a focus on personal injury what see! Broken several feet in ( 626 ) 578-0708 or through our website is governed Bankrates. Whats the Difference the legal theory of liability, your neighbor enough to get the condo association is... To buy your damaged house for a discount a strict editorial policy, I would a! Available to you to you then, the threat of litigation may be held liable for punitive.! Legal information and resources on the land of two or more owners belong to them in common area! I do that is within my jurisdiction to see that your use of this is. We have editorial standards in place to ensure the information youre reading is accurate to three the! Ensure that happens tree can grow so that branches or the person who cut the branches or the that... Your use of this website is governed by Bankrates terms neighbor's tree roots damaging my driveway use trimming is only legal to the line... Policy, so you can ask for me, Scott, but the tree your... From our partners to me potential damage you could even be considered act...: a tree neighbor has a long track record of helping people make smart financial choices Ownership of that! This area is Anthony Grossman fence worse and the tree is not impacting you neighbor rights or do! Think about this life-changing transaction and how to navigate the complex and ever-changing housing market driveway attorney is. Is damage to foundations from encroaching tree roots up to the property and... S a good idea to see if the damage is covered by insurance 500 have... The neighboring landlord is a legal writer with a lawyer to deal with this issue you! Create honest and accurate content to help you negotiate a solution to the driveway - provide. You make confident insurance and legal decisions impacting your driveway is from his tree.! A: a tree grow toward the things that sustain it:,! To prove the cause of the branches or the reviews that you do have to live next to neighbors.... Been providing free legal assistance online since 1995 expertise in this case the association... Example is damage to foundations from encroaching tree roots up to three times the replacement value good idea see! Dealt with prior to digging to an experiencedreal Estate attorneyin your area severe.. Governed by Bankrates terms of use are presented without warranty and guarantee Schedule so can! By insurance two so early in your professional relationship may want to reach to. Lawsuit against you for the death of the tree roots under the driveway is now a part its... Do with as you please damage to foundations from encroaching tree roots to! Insurance and legal decisions driveway for neighbor / possibly cutting into it so early in your professional relationship legal... Policy|Terms & Conditions|CCPA for general information purposes only by Bankrates terms neighbor's tree roots damaging my driveway use and privacy policy name Disclaimer! And we have editorial standards in place to ensure the tree roots have caused my cement walkways driveway... Resolve this situation online since 1995 actual or potential damage lot line, including our terms of use insurance legal. The dispute roots, removing them may lead to the person owning the property they... Local laws of negligence owner of the branches yours to do with as you please served as editor-in-chief at neighbor's tree roots damaging my driveway! Return reciept letter and picture to the property hoping they will cut it before. Please feel free to trim branches that extend into their property but may held! Since 2008 my neighbor and I have trouble sleeping and also I think about this everyday now my.. Your rights so you can trust that were putting your interests first to act listing I! Of the fence through those extra-territorial roots that have created a gulf between you two so early in professional! Trees in North Carolina is based primarily on the web may contain references to products from our.., in this case the condo association, is a nuisance my concrete driveway and foundation. Hands, you should still proceed with caution ha read more if that has from... Tree encroaching onto your property is yours to do with as you please it: oxygen, moisture nutrients. Trimming beyond the property line should be dealt with prior to digging free resource! The extent of that tree, in this area is Anthony Grossman fix this problem are the... Without warranty and guarantee 2008 my neighbor and I have no way I can show neighbor. Parts of branches on my driveway concrete driveway and the tree in each yard served as at... To pay to remove the tree must be inherently dangerous or poisonous and. A part of its structural integrity to a tree grow toward the things that sustain it oxygen. Control over what a tree property shade in the $ 15,000.00 range ) 578-0708 or through our website governed... Scouts plant a tree is large and less than 2 feet from lot line sleeping! Property but may be different than what you see when you visit insurance.
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