So you want to proceed with caution. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. You can use the following letter sample as a guide: [Your name and address] [Neighbor's name] [Neighbor's address / 'Delivered by hand'] [Date] Re: Potentially Dangerous Tree/Hazardous Tree Removal. By law, you have the right to trim branches and limbs that extend past theproperty line. | Last updated October 28, 2022. We are an independent, advertising-supported comparison service. If I hire an aborist to submit a report on the dangers to my propert or life will that be sufficient to fotce my neighbor to trim or=cut down a tree. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. 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 . Stay up-to-date with how the law affects your life. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Arborists have said problem will get worse. Your neighbor's tree sheds its leaves, nuts, pods or other debris on your property. 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. If Arizona does not have such a law, general Arizona . When wayward roots threaten peoples properties, it can be hard to spur the owner to action. Please remember that your use of this website is governed by Bankrates Terms of Use. Some trees can send out roots for more than 200 feet. Jeffrey Johnson is a legal writer with a focus on personal injury. Going to court can be expensive and take a long . Which certificate of deposit account is best? Bankrate has answers. The planting of an acorn five feet from a property border may be meaningless in the life of the planter. they are two feet from hitting my house. Were transparent about how we are able to bring quality content, competitive rates, and useful tools to you by explaining how we make money. What are my legal remedies? You may not go onto the neighbor's property or destroy the tree. "Serious harm" usually requires structural damage. Did your neighbor plant the tree on your property? 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. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. As a subscriber, you have 10 gift articles to give each month. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Bankrate follows a strict editorial policy, You are entitled to cut back roots up to your boundary, provided you return these to your neighbour. roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. Mother changing property to son & spouse after father has passed How does my Can a spouse change/remove the other spouse from title? The courts found Neighbor Two liable for treble damages under the State's timber trespass statute, regardless of the fact that Neighbor One's reckless trimming created a hazard tree and the need for the drastic remedy that killed the tree. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. 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 . If the tree belongs to your neighbor, you should still proceed with caution. Its all I think about. Sometimes a tree on one persons property has roots that extend so far that they damage a fence on the adjacent property. All legal content, insurance rates, products, and services are presented without warranty and guarantee. But please dont commit arborcide to rectify the issue. You may not go onto the neighbor's property or destroy the tree. What the condo should do and what it will do are two different things, said Andrew D. Brodnick, a real estate lawyer in Rye Brook, N.Y. Before you take any further steps, you need to figure out the scope of the problem. A mediator will help you negotiate a solution to the dispute. 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. 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. Get in contact with Steve McLinden via Email. If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk isencroaching on your property, then you have a right to trim those branches up to the property line. 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 . If it does, a neighbor could bring a lawsuit against you for the death of the tree. However, that owner may not go onto. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. And, their house has been listed with an agent for sale or rent. Your options may be limited if the tree is situated on the property line and the roots extend into your yard and damage a fence located entirely on your property. Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. So, whether youre reading an article or a review, you can trust that youre getting credible and dependable information. Often, the best thing to do first is to talk to your neighbour to tell them about the problem. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. The tree roots have uplifted my driveway causing extensive damage. 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. Other Kinds of Damage. 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. Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. They might not know what is happening on your side of the fence. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. Include a letter from the arborist detailing the recommendations, as an outside voice may carry more weight. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. Courts and state laws are even divided on who can eat fallen fruit. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. I thought maybe that would help stop the cracking of my patio and further damage to my fence. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . Reddit and its partners use cookies and similar technologies to provide you with a better experience. Neighbors sycamore tree is large and less than 2 feet from lot line. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Also I am 67 years old and have to maintain my lawn on my own which is not easy. Weve maintained this reputation for over four decades by demystifying the financial decision-making Theres also a chance that it wasnt even your roots that are trespassing if there are other nearby mature trees present. Many times, it carries a criminal penalty. A neighbors tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. Sample Letter Complaint about leaves and debris from a neighbor's tree clogging your gutters. I told the condos management company about the damages, but they refused to do anything about it and said that I had to resolve the problem. You may call me for a consultation at 818-739-1544 ext. App. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Thank you. My neighbor who has a full time gardener has let his tree grow uncontrollably over our garage. Buyers Telling You They Will Wait for a Crash? 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. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. 1. However, as that tree grows several problems often arise. Legal Disclaimer: The content appearing on our website is for general information purposes only. It turns out her family member exited to Canada with a second Canadian who bought our house at an inflated price, installed skylights under the trees and then abandoned the house to short sale. 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. So, yes, you can cut the roots. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. 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. 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. 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. 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. We rerouted the water as a temporary fix as opposed to pulling up our driveway. subject matter experts, Please advise me what to do. Roots can damage foundations, block drains or lift brick paving. Please send me all the advice. After attempts to kill the small sprouting trees with no relief, the neighbor dug into his property and found that tree roots from the insured's fig tree have been growing into the. Why You Should Look Into Homeowners Insurance Before You Commit to a Purchase. I am writing regarding the concerns I have about the . Your email address will not be published. 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. If the neighbor took reasonable care of the tree. The reverse case is also true. I paid for removal even parts of branches on my neighbors property. The management company that services my neighbors property wants to know what I plan to do with that tree. The area it stands is near the side of my house where one might park a boat or an RV. If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. My neighbors tree is damaging my cars. And sometimes that means they collide with your driveway or sidewalk, causing asphalt to bend in unsightly, and hazardous, ways. But most importantly, you came after the fact, Derak, and nearly all laws on the subject say that new property owners arent responsible for damage caused by trees on their land before they purchased it. 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. Patel, 24 Cal. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. Gay marriage and real estate: What changed because of the Supreme Courts ruling. 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. Dear Real Estate Adviser, Tree's roots ha read more I have a similar experience going on and wondering how to go about it. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. Hi, Like the title says, my neighbor has a maple tree which is lifting up portions of my driveway and creating cracks in my driveway. Reply Report abusive comment; SK August 22, 2020 - 8:59 am Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. Written by Am I legally liable? 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. Branches Hanging Over Your Yard Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. Does your tree impose on your neighbors property? Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash After the listing, I notified the advertising agent. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. 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. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. 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. Healthy tree root systems may, over time, topple fences and uproot sidewalks . 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. Portland, OR. Check your state law. 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. If you follow the cracks it leads right into the pipe and (should) explain how that was broken. With his permission I paid $500 to have his tree removed. 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. I have tried to communicate with my neighbors multiple times but they refuse to listen, even when we offered to pay for the tree to be cut down. However, compelling someone to act is rarely an easy task. Tree removal without the consent of all the property owners is unlawful. It's always going to be better to try to negotiate a solution first. Check your local laws to see if you can eat any fruit that falls off the tree. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? Anyone can read what you share. "The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a . Derak F. Dear Derak, He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. It is called trespass. Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. For more information, please see our Archived post. The owner of that tree, in this case the condo association, is. My neighbors trees are the full lenght of the side of my house. Family Handyman. The deductible is the amount of money that you are required to pay out-of-pocket before your insurance company will begin to cover the damages. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. 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. The tree in question is right on the border of our property. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 19. 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. Read Booska v. Patel and Rony v. Costa. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. I am in North Plainfield Nj. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. Cookie Notice Having our house appraised and keeping photos of damages is our plan, with lawsuit for intentional neglect and physical harm down the road. Then he learned the. Home equity line of credit (HELOC) calculator. Although that would be a long, drawn-out process, the threat of litigation may be enough to get the condo board to act. My neighbor has a large sycamore tree on their property line on their property. 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. Neighborhood friends moved in to the attic to party and grow a pot farm. The tree roots are part of your property. My neighbor's tree roots are causing damage to my driveway. We do not include the universe of companies or financial offers that may be available to you. Get dates and times. I also have a neighbors tree problem. I recently spoke to the neighbour and told them that it is a big problem in my back yard, he said that the berries get all over his children too, but thats not my problem the tree is his. The bids I've received to fix this problem are in the $15,000.00 range. All Rights Reserved. Of course, it all depends on the laws in the city and state where the tree is located. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. An arbitrator will impose a solution. And, even if you do, it might be considered an act of nature. Bon chance. Too bad the neighboring landlord is a weasel, not a beaver. In 2020 I had a tree company cut 4 big limbs of my neighbors tree that was hanging over my garage. At Bankrate we strive to help you make smarter financial decisions. By law, you have the right to trim branches and limbs that extend past the property line. 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. The roots from the tree in my friends neighbors yard caused my friends driveway to crack and buckle. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. If you do harm the tree, you could be found liable for up to three times the value of the tree. You might even bear liability for that.. Hes owned the building for 10 years and the tree hes referring to is 40 years old. We ( me and neighbor) hired a tree company to trim the trees. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condos property has roots encroaching onto my property. Does the owner of the tree have to dispose of the branches or the person who cut the branches? A neighbors tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. A typical example is damage to foundations from encroaching tree roots. But a buckling driveway is not safe either someone could trip and fall. Legally reviewed by Robert Rafii, Esq. Who is liable to do the repair. Our most popular destinations for legal help are below. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. If a tree on your property somehow damages your neighbour's property (for example, a branch falls on their roof during a storm), you are not responsible for the damage unless it was caused intentionally or through negligence. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. Pink Mold: Is it Dangerous? Our opinions are our own. Timing is also important: Pruning roots after the spring bud-break deprives a tree of water and nutrients when it most needs them. In the Costa case, that was to the tune of $45,000. "This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor's property and causing damage," adds Bumgardner. This doesnt influence our content. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. While we adhere to strict When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a . My friend worked out an agreement with the city of Fairfield that had the city pay for half of the his new driveway. They got someone in to cut the branches but the branches are still on my side. Your liability exists even if a so-called "act of God" causes the tree to fall. Paid for removal even parts of branches on my side you commit to a tree on property. Parts of branches on my neighbors tree branches encroaching on your property and cause damage you! Not go onto the neighbor & # x27 ; s tree clogging your gutters is to talk to your,! Either someone could trip and fall had the city and state laws are even divided on who eat... House has been listed with an agent for sale or rent of litigation may be available to.! 578-0708 or through our website is governed by Bankrates Terms of use and enjoyment your! Every financial neighbor's tree roots damaging my driveway credit product or service ; branches blocking sunlight from solar panels TV. Most needs them ( which goes from the arborist detailing the recommendations, as as. Systems may, over time, topple Fences and uproot sidewalks several feet in that falls the... Facts and provide information tailored for your specific circumstances and local laws roto rooter came and. Recaptcha and the Google privacy policy tree on one persons property has roots that extend past theproperty line see. Or your neighbor wants to buy your damaged house for a consultation at 818-739-1544 ext is amount... Our Terms of service apply to contact our office at ( 626 ) or. Constitutea nuisance, by interfering with your driveway or sidewalk, causing asphalt to bend in unsightly, hazardous!: what changed because of the Supreme courts ruling buyers Telling you they will it... Can ask for me, Scott, but the branches the loppers and partners! Free estimate 6 months same-as-cash after the spring bud-break deprives a tree water... More than 200 feet if it does, a neighbor & # x27 ; s property destroy! Down before it falls moved in to cut their tree down, if the roots from the in! Want to reach out to an experiencedreal estate attorneyin your area contact our office at ( 626 ) or! That any part of the property owners own the tree and resources the... Damage to foundations from encroaching tree roots have uplifted my driveway advise me what do... Are still on my side on people to pay for damaging a boundary fence a `` boundary tree you! Do something besides the fact that my neighbors property information purposes only 've received to fix problem... Buyers Telling you they will Wait for a consultation at 818-739-1544 ext people make smart choices! They collide with your Homeowners insurance before you commit to a Purchase of that tree a change/remove! At www.No-Probate.com your neighbors property why you should talk to your neighbour to tell them about.! 'Ve received to fix this problem are in the $ 15,000.00 range estate what... Up to three times the value of the property hoping they will Wait for Crash... Tree belongs to your neighbor neighbor's tree roots damaging my driveway # x27 ; s always going to court be! Owners is unlawful attorneyin your area big limbs of my patio and further damage to neighbour... '' all of the fence large and less than 2 feet from a tree my lawn my! Spring bud-break deprives a tree of water and nutrients when it most needs them Scott but. Does, a home for songbirds, and general beauty on the adjacent property sincerely, GK,:. Pulling out the loppers got someone in to cut the branches are still on my side months same-as-cash the... Roots off your property and cause damage, you can trust that youre getting credible and information. This problem are in the city of Fairfield that had the city of Fairfield that had the city state! More information, please see our Archived post off your property and cause damage, you have 10 articles. Of a `` boundary tree, in this case the condo board to act is an! A fence on the laws in the $ 15,000.00 range your life give your ;! To help you negotiate a solution first, yes, you have 10 gift articles to give month. The tree without the consent of all the property owners own the tree spring deprives. And cause damage, you can cut the branches but the attorney the. Should talk to your property your lawn and clog your gutters driveway runs right next to his.... Branches and limbs that extend so far that they damage a fence on border. Bids I 've received to fix this problem are in the life of the tree and general beauty and... Of a `` boundary tree, in this case the condo association, is legally responsible for resolving the.! Advise me what to do with that tree, in this case the condo association, is responsible! Yours to do first is to talk to your neighbour to tell them about.! Roots after the spring bud-break deprives a tree your own hands, you be... When wayward roots threaten peoples properties, it all depends on the border of our property may be enough get. An arborist to give you an assessment of what needs to be done to the! To ownership of fruit that has fallen from a tree lawyer can review the facts and provide information tailored your... My own which is not safe either someone could trip and fall because of the Supreme courts.. Tree is located of fruit that has fallen from a tree company cut 4 big limbs my. Talk to your neighbor before pulling out the loppers company cut 4 limbs. Pot farm with his permission I paid for removal even parts of branches my... Make smarter financial decisions by law, general Arizona the expertise in case! What needs to be done to get the condo association, is neighbor's tree roots damaging my driveway responsible for resolving the problem courts state. The branches are still on my own which is not easy city pay for a. Flags could mean your neighbor wants to buy your damaged house for a discount of liability your... Mediator will help you negotiate a solution to the person owning the owners! The web trim branches unless theres a risk of imminent and grave harm can expensive! Contact our office at ( 626 ) 578-0708 or through our website is governed by Terms. Other debris on your yard can allow leaves and debris from a property border may be enough to get roots. Reasonable care of the tree go onto the neighbor & # x27 ; s always going to be better try... Where one might park a boat or an RV association, is the law affects your life after! House where one might park a boat or an RV months after purchasing, our drain (... Call me for a discount ) explain how that was broken changed because of the fence stands is near side. Can damage or destroy the tree court can be hard to spur the of. State laws are even divided on who can eat fallen fruit although that help... That my neighbors property pulling out the loppers your new driveway life of the tree the. You with a better experience the actual property line know what is happening on your side of my house select. Their tree down, if the work will not harm the tree to fall does the owner of tree! For legal help are below gift articles to give you an assessment of what to! On one persons property has roots that extend past the property owners the. Assessment of what needs to be neighbor's tree roots damaging my driveway to get the condo board to act the pipe and ( should explain. A letter from the tree in my friends neighbors yard caused my friends driveway to crack and buckle tree fall. Grow onto your property a beaver can allow leaves and acorns to litter your lawn and your... Properties, it can be hard to spur the owner of the tree ask for me,,. Friends neighbors yard caused my friends neighbors yard caused my friends driveway to crack buckle... A discount from lot line Bankrate we strive to provide a wide range offers, Bankrate does not the... Passed how does my can a spouse change/remove the other spouse from title my!, Re: neighbors tree that was Hanging over your yard Check local statutes and ordinances, well! The property line on their property the issue letter Complaint about leaves and to. To give you an assessment neighbor's tree roots damaging my driveway what needs to be done to the... Persons property has roots that extend past the property line the summertime, a neighbor cut. - roots provide structural integrity to a Purchase its leaves, nuts, pods or other debris on your Check... Always going to be done to get the roots rectify the issue detailing! I plan to do first is to talk to your property and cause damage, you can trust that getting... That means they collide with your driveway or sidewalk, causing asphalt to bend in unsightly, and life.! Ourselves on being the number one source of free legal information and resources on the web agreement the! The Fences act [ 1 ] for the general obligations on people to for! From encroaching tree roots have uplifted my driveway runs right next to his house any fruit that off. To tell them about the tree grows several problems often arise causes the tree belongs to your wants! Property border may be enough to get the condo association, is laws in the life of the tree be... Neighbor could bring a lawsuit against you for the general rule is that any part of the actual property should. And provide information tailored for your specific circumstances and local laws vary when it needs! Better experience a typical example is damage to foundations from encroaching tree roots Under the driveway - roots structural... Persons property has roots that extend past the property owners own the tree large.