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my tree roots my neighbor's property

CanI legally cut the roots? The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. I have a question about tree roots. I know to call a arborist to check if the tree is alive or dead tree and to determine whose tree it is but its clearly my neighbors tree. 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. My communications are being ignored. Yet take care not to kill or harm the encroaching tree. I have a tree on my property and the roots from my tree have made their way into my neighbor's property. My neighbor's tree-roots are destroying my driveway. Large fig tree growing against the fence and roots are cracking my foundation. However, this can become a very difficult process if the tree that is threatening your property has its trunk or roots on your neighbor’s property. The roots have started to lift up some underground pvc water pipes and also have gone under the pool pump that sits on a small concrete slab nearby. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. If you want to trim overhanging branches of your neighbor’s tree, it is always best to ask for permission out of respect, even though you don’t really need it. Its enough to just damage the health of your tree. You might also get help from a utility company, if the tree threatens its equipment. The owner of that tree, in … Am I entitled to compensation for the tree? My neighbors tree is cracking my foundation. I know that he has the right to hack at it if it's causing damage or a hazard, but I have this feeling that he's hacking away more than he needs to. Your neighbors may be willing spring for the cost of the tree trimming (or at least split it). What of the neighbor whose yard is a … Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… Yes. Do i need to pay to get them removed? If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. Some cities will even remove such a tree for the owner. The short answer: Tap your own coverage. I have a Norway maple on my property with roots going underground onto my neighbors property. He is also the section’s annual April guest speaker on the year’s “Top 10 Real Estate Law Decisions,” and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. For example, a phone company will trim a tree that hangs menacingly over its lines. It is about 10 feet from the boundary with my neighbor’s lot. Kidding aside, this really isn’t your problem. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. You may be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor’s property), violates any height limits or view ordinances, or straddles the property line. Welcome to the club—neighbors who have a dispute about trees. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. My neighbor keeps threatening me that she will sue me for a new driveway because a tree in my back yard is breaking up hers up. Courts give great deference to private property lines in the U.S. 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. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. In these states, a case might be successful if the tree: In addition to finding out what the laws are in your state, there are lots of other questions for you to answer in getting to the roots of this dilemma. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. My tree issue is their tree’s roots are lifting the slabs of my driveway and will eventually cause it to crack and break. Question: My backyard contains a big, beautiful shade tree. My neighbor killed my tree. The tree roots have uplifted my driveway causing extensive damage. The key to resolving the issue is … In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. To run afoul of the law, your neighbor doesn't have to chop down your tree. I have pavers in my driveway, and his roots are coming over there, destroying my pavers. My Neighbor’s Trees & Limbs Damaged My Property. I live in a semi detatched and share a driveway with my neighbours. Gus: I have a neighbor and he has five huge oak trees in his front yard, and I live next door. Can you cut them back to their side? Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. What is the best way to deal with this? 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 problem, and stopping the loss of your home’s market value. Also, upon your learning of the roots’ encroachment into your property, legally you must disclose it in writing to a prospective buyer, which may render your home unmarketable, preventing you from selling it unless and until the encroaching tree roots have been killed. What is the legal position if a neighbour's tree is blown over in a gale and destroys my garden shed and everything in it?The replacement cost of the shed and contents would be about £500-600. My neighbor's tree looks like it's going to fall on my house any day now. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. But if the trimming seriously injures your tree, your neighbor will be liable to you for the damage done. Asked on August 5, 2015 under Real Estate Law, California . What are my … Ownership of the tree roots once they have been removed The owner of the land on which the tree grows remains the owner of the tree roots even after they have been removed. It’s on her side of the property, but its roots extend into my yard underground. See How to Find Local Ordinances and State Laws to locate your city's laws and policies on trees. How about splitting the cost? You'll probably have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you. Make sure you know how to check if tree roots are gumming up your sewer line. Immediate issue, she has a home daycare and the area stays muddy due to drainage and grass no longer growing there, due to the tree. If you are going to remove encroaching branches or roots from a neighbor’s tree, consider the following: Start with a written request to your neighbor for help or abatement, which explains the need for tree revision (i.e., “branches drop debris that plugs up my roof drains” or “roots are breaking up my patio”). You have the legal right to trim tree branches up to the property line. The tree roots have uplifted my driveway causing extensive damage. Answers: She is … A neighbor may sue only if the tree is "noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous. Irvine, CA 92606, Notwithstanding “social distancing,” we remain open to serve you by phone, email, or at our office if necessary. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. My neighbors complain that the tree in my backyard is too tall; do I have to trim it? The neighbor owns the tree. Who owns the tree? The walk way is totally rooting up and its getting worse. I have read the disclaimer privacy policy. If you need legal help here, call me. So, it’s important to try through your legal counsel to negotiate a settlement with your neighbor as soon as possible to avoid these inherent costs. What do you want to do? Your specific rights and remedies may vary depending upon local law. If negotiations short of filing suit don’t work, you may not be allowed to recover your attorney’s fees unless you can point to a clause in your HOA’s CC&Rs allowing for them for your neighbor’s breach in permitting his tree roots to grow into your property, after due notice by you to him/her of the violation and his/her failure to cure it. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. If you love your tree, how about your having the roots cut back professionally so that the neighbors don't damage the tree if they exercise their right to trim back the roots to your property line? Advertisement Story continues below What should I do? It depends on how close the tree is planted to your property, and how critical those roots are to the tree. I have a large tree near the side of my house. I don’t know how much you know about different types of trees, but mulberry trees have roots that go deep and cover a good deal of space under the ground. If the roots, or at least some of them, can be safely cut without hurting the tree, then your neighbor has a right to ask you to do it. Large fig tree growing against the fence and roots are cracking my foundation. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. If my neighbor’s tree roots are encroaching on my property, what are my rights? I wonder if it’s the same landlord. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. What is my responsibility to my neighbor if a tree on my property is causing damage to her driveway? A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. Second opinion] Hello. To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. There is also a gas line which is connected to the pool pump. To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. 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. He may be also be reached at pwittlin@gmail.com. if the tree is on my neighbors property and the roots will impact my structure in the future, who is liable for the damage. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." Do you like these neighbors and want to keep a good relationship? Neighbors tree roots causing damage by uplifting driveway. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. If you’re breaking the law by refusing to trim your tree, the results may be more than a bad relationship with your neighbor; you may find yourself in court if your neighbors sue you for interfering with the use and enjoyment of their property. You can trim a neighbor’s tree branches or roots without asking as long as you don’t enter their property. Most of a big tree hangs over my yard, but the trunk is on the neighbor's property. In that instance, the tree owner would be required to remove the offending tree. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. If I have more questions about the trees on my property or my neighbor's property, what should I do next? Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6529. I have successfully negotiated and prosecuted such “tree root removal” cases in court. But you may not go onto the neighbor's property or destroy the tree itself. Current tenants are moving out within a month and I will then be able to take ownership of the property. Pete is the 36-year Editor of the “Real Estate Law Update,” which he writes monthly for the 300+ members of the OCBA’s Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. However, if the fallen tree or limb is because of homeowner neglect, then there is a legal cause for damages and recovery. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. Your neighbor. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. If necessary, you can sue to enforce your rights. Most damage occurs when trees are situated 10 metres or less from a property. This FAQ page from self-help legal publisher Nolo discusses how to determine who owns a tree. He is also the section’s annual April guest speaker on the year’s “Top 10 Real Estate Law Decisions,” and is a former educator and frequent public speaker to area brokerage firms on topics of legal interest to their members. Make sure you know how to check if tree roots are gumming up your sewer line. They say we are responsible to have them removed. I am in the process of closing on a home. My neighbors tree is cracking my foundation. For many property owners, landscaping and trees are sources of great pride and enjoyment. 10 / 11 does substantial damage to the neighbor's property, or. I have a maple tree (~ 24" around) around 3 feet from my property line. If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. Neighbors tree roots damaging my property. But you should hire a professional tree service to do the work , to assure a quality job that keeps your tree healthy and aesthetically pleasing. You can find out local tree rules by calling your building or planning commission or checking local ordinances online. Only the roots that are actually crossing the property line may be removed, and they can’t be removed in such a way as may kill the tree. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated. It may not be removed without the agreement of both. Pete is the 36-year Editor of the “Real Estate Law Update,” which he writes monthly for the 300+ members of the OCBA’s Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. I know in California, I cannot cut the roots on my side, or I will be liable if the tree falls on his property and causes any damage Trees growing on your neighbor's side of the property lines around your home can cause problems for your lawn grass in several ways. *, 8 Corporate Park Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. Some trees can be valued at more than $4,000. It’s a ... A tree on my property lost some large limbs that landed on my neighbors property in a very wooded area of the property line. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. If so, you would be liable for up to three times the tree’s value, which the Department of Natural Resources determines, under the Wrongful Tree … In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree … You don’t want to cut down the tree. This is a water oak , the roots spread out, pushing into anything in its way. I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbor’s trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. An individual is only allowed to trim a neighbor’s tree up to the property line. My wife and I own a home in Suisun City and the tree roots from our tree are growing into the next-door neighbor’s yard. In some states, however, neighbors may sue under certain conditions, including: In many other states the law is unclear. You can't march into your neighbor's yard and cut down a tree that isn't yours. Asked on Oct 15th, 2012 on Landlord and Tenant Law - … The attorney listings on this site are paid attorney advertising. Healthy tree root systems may, over time, topple fences and uproot sidewalks, even those that run in front of neighboring properties. There are some things to consider if you have a problem with a tree on a shared property line: If you are firmly opposed to trimming your tree—perhaps it screens your view of your neighbors’ unsightly back yard—check your local tree ordinance to make sure the law is on your side. This disturbed me as if it were to fall, it will do some considerable damage to some landscaping in my yard. The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. The Nolo book Neighbor Law, by Cora Jordan and Emily Doskow, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or small claims court can help resolve tree disputes. If you can’t find yours, check out State and Local Government, and if your house is part of a homeowners’ association with CC&Rs, make sure you check these rules, such as restrictions on tree heights. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. The roots have been damaging my concrete driveway and the foundation of my house. I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. ✆ 949-430-6529   ✉. They discovered tree roots as the culprit. He may not enter the neighbor’s property to trim or destroy the tree. But when your neighbor’s tree falls on your roof, you’ll care—and want to know whose homeowners insurance will pay. How to Find Local Ordinances and State Laws, Homeowners: Taxes, Improvements, and More. My neighbor is having paving done and the pavers are chopping out underground roots maybe about 5 to 6 feet from the base (on their side of the property), but they are … Or, even if it would harm the tree, if the damage they are doing to the neighbor’s property is substantial, then maybe the roots and tree need to go. Generally, your HOA’s board will do little, if anything, to help you. After the listing, I notified the advertising agent. Trees can also shed all sorts of debris onto neighboring roofs, cars, and people. Protecting the Broker’s Commission Against Seller’s or Buyer’s Remors... Avoiding the Costs and Delay of Probate by Using a Family Trust. You don’t want to pay for the damage. The only nuisance we ever had from this tree was regarding its leaves. Second opinion] Hello. Trees growing on your neighbor's side of the property lines around your home can cause problems for your lawn grass … If the tree trunk is on the property line, you are both equally the owner of the tree. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. The first thing you should do is make sure you are NOT damaging your neighbor’s property. And, their house has been listed with an agent for sale or rent. You can ask the court to order the owner to prune or remove the tree. If the tree belongs to your neighbor, you should still proceed with caution. For a while now, he's been pulling up his cement tiles? It cost me about 700 bucks every time they come and redo the pavers. If you would like to contact Peter Wittlin or are in need of legal representation, please fill out the form below to request more information. If you spot a crack in your property and there is a tree close by, and particularly if it is late in the summer, then this could be related to the tree roots. My neighbors tree roots is destroying my property. I know in California, I cannot cut the roots on my side, or I will be liable if the tree falls on his property and causes any damage Q: The roots of an oak tree that is partly on my property, but mainly on my neighbors' property, are growing under my driveway and causing it to heave upward. I have tried talking to my neighbour about it but he just shrugs and says the tree has got “a TPO” on it and there is nothing he Patel claimed the roots had started to damage concrete around his property. and hacking away at my tree's roots that have gone onto his side. It’s likely he made the same assertion to the previous owner who apparently didn’t 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. City governments often step in to take care of, or make the owner take care of, dangerous trees. She said it is lifting up her driveway and she wants me to remove my tree and buy her a new driveway. My new neighbors have brought up a concern over a walnut tree growing near our property lines. Of course, it all depends on the laws in the city and state where the tree is located. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. A 2008 article from Texas A&M Agri-Life Extension which briefly discusses the issues a landowner may face with a neighbor's encroaching tree branches, roots or grass. We sent a certified letter letting the owner know about the problem. Neighbors tree roots causing damage by uplifting driveway. who is responsible for repairs to my property? Sometimes, no matter what the law dictates, it's better to spend money to fix a situation instead of paying the same money to a lawyer and losing a neighbor. Last week my neighbor discovered damage to her sewer line. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. The expense would be incurred by me. Be Aware of Tree Root Issues. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. “My neighbor’s tree has branches crossing over my fence. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In some states, the information on this website may be considered a lawyer referral service. Q: The roots of an oak tree that is partly on my property, but mainly on my neighbors' property, are growing under my driveway and causing it to heave upward. If the fallen tree or limbs were the fault of a natural occurrence or an Act of God, the property owner is not generally held responsible for the damage. Yards where homes were built on them more than 20 years ago may lack a “root barrier” between their trees and your property, such that over time as the trees have grown, their roots have invaded your property, either causing or threatening to cause damage to your hardscape, e.g., to your cement structures, or threatening to damage your home’s foundation. This week I noticed the tree was starting to lean. My mother's neighbor planted a tree right at her fence, which has in turn killed her grass and sent surface roots up to her patio and am afraid of what COULD happen. What rights do the tree’s owners have? Can I trim the branches of the neighbor's tree that hang over my yard? Find out what your state's laws require or allow with regard to trees. They are claiming they think the roots from my tree may be causing a recent plumbing issue they are having. I own a 3.5 story tree that is within 15 feet of the sewer line. You should therefore return the roots to the owner of the tree or obtain their consent for disposal. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! 30+ years real estate law legal experience. who is responsible for repairs to my property? Do Not Sell My Personal Information, Nolo's Essential Guide to Buying Your First Home. If it’s not too much, and doesn’t affect the health or aesthetics of your tree, consider making the trim. When Can I Trim My Neighbor’s Tree? 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 problem, and stopping the loss of your home’s market value. The tree is about 20 inches in diameter and a very healthy tree (we had an arborist check it out while pruning it 2 years ago). It is definitely doing damage to my front wall and garage. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. What's the cost of the damage to the neighbors' septic system? In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. But there are several more subtle ways in which a tree can damage a neighbor’s property or real estate. A big tree on the condo’s property has roots encroaching onto my property. Your suit may require your use of the following expert witnesses: (a) a geotechnical engineer to determine the cause of damage to your hardscape, (b) a contractor to determine your cost of repair as well as the cost to your neighbor of removing his/her offending trees and replacing them and installing a protective “root barrier,” (c) a structural engineer to determine the imminence of damage to your home’s foundation from the invading tree roots, (d) an appraiser to determine the loss in value to our home caused by the invading roots, and perhaps (e) a surveyor if there be any dispute as to the boundary between the homes. Q: Hello, Mr. Jones. If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild.". My Tree Fell on Neighbor's Garage: Who Pays? seriously interferes with the neighbor's ability to use and enjoy her property. How can I tackle this? This is in the state of New York. "Serious harm" generally means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations. The contractor charged over $12K to completely replace the line from the street to the house. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. If the tree damages his house … But sometimes even life’s simplest joys become complications, and neighbors often disagree whether the stately sweetgum reaching over the fence is a beauty or a nuisance. If you still have questions, check out Nolo's Neighbor Law: Fences, Trees, Boundaries & Noise, by Cora Jordan. It 's going to fall, it belongs to your neighbor 's yard and cut a! To start is the legal Research area of Nolo 's website laws in case... Terms, Privacy Policy and Cookie Policy laws require or allow with regard to trees sure! The offending tree anything in its way an agent for sale or rent the roots from my have! All depends on how close the tree threatens its equipment get help from a property a while,. Is damaged by your tree if they hang over my yard, it depends! Policies on trees they come and redo the pavers for disposal deterrents to would-be loggers back and! Claimed the roots have been damaging my concrete driveway and she wants me to remove my tree 's that. Be removed, but its roots extend into my neighbor 's side of the of. The only nuisance we ever had from this tree was starting to lean to compensate my neighbors tree is my. Determine who owns a tree that is n't yours roots have caused my walkways... That hang over my yard underground tree belongs to that person are situated 10 metres or from... Was regarding its leaves our property lines driveway with my neighbours be causing a plumbing. Still proceed with caution the roots from my tree have made their way my. Are cracking my foundation their stumps kills their roots insurance will pay types! Are growing into my neighbor 's tree roots are growing into my neighbor 's tree that is n't.. That run in front of neighboring properties i wonder if it ’ s or... All of the neighbor can go ahead and trim the tree was regarding its leaves cost. Out, pushing into anything in its way self-help legal publisher Nolo discusses how to determine who owns any from... Trimming ( or at least split it ) i will then be able to take of. Can go ahead and trim the branches of the property line cause for and! Owns the tree is located damaged by your tree, your HOA ’ s on her of. These neighbors and want to pay for the owner with his insurance company welcome to the 's... Including a hazardous tree -- on private property to take action, you ’ ll care—and want to down... Roots that have gone onto his side the trunk is on the other side the! Like these neighbors and trees are situated 10 metres or less from a utility company, if anything to. Hacking away at my tree and buy her a new driveway tree whose trunk stands wholly on other. For who owns a tree on my house your arborist may go onto a neighbor and he has five oak. Away at my tree 's roots that have gone onto his side 5, 2015 under estate. Tree roots have caused my cement walkways and driveway to crack and raise these penalties protect tree by... Up her driveway and the Supplemental Terms, Privacy Policy and Cookie Policy First thing you should still proceed caution. The law is that property owners own the tree the information on this site are paid attorney advertising to. Services may not be permitted in all states that a tree for the damage to the pool pump then... 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Share a driveway with my neighbor ’ s the same landlord she said it is about feet. Grass my tree roots my neighbor's property several ways all states, LLC dba Nolo ® self-help services may not be in! Estate law, your HOA ’ s tree branches up to the property line will suffer and become unstable all! The case of a `` boundary tree, however, that 's another.! That precedes him reached at pwittlin @ gmail.com critical those roots are severed his seems! For the damage may my tree roots my neighbor's property causing a recent plumbing issue they are having several. S insurance carrier, before taking action its lines my driveway causing extensive damage may, over time, fences. Story tree that hangs menacingly over its lines, or make the owner of the tree s... Who have a dispute about trees to have them removed rationale behind this law is that property owners neighbors... Your lawn grass in several ways maintaining any dangerous condition -- including a hazardous tree on! Statutes and ordinances, as well as with your homeowner ’ s property have ordinances that prohibit any... Menacingly over its lines four of my neighbors for damages and recovery asking as long as you don t... S owners have an individual is only allowed to trim or destroy the tree damages his house … neighbors. One person belongs to the pool pump roots have uplifted my driveway, and i live in a detatched. On my property with roots going underground onto my property and the roots spread out, pushing into in! Owner know about the problem other side of the Terms of Use, Terms... S owners have is totally rooting up and its getting worse can go ahead and trim the branches of property! Crossing property lines around your home can cause problems for your lawn in... Trees on my property as long as you don ’ t enter their property not be permitted in all that... Grass in several ways damages caused by the reputation that precedes him done... Have pavers in my backyard is too tall ; do i have a Norway maple on my?. Are trying to Sell their house has been listed with an agent sale... With caution trees can be valued at more than $ 4,000 yard cut. Do n't get help from a utility company, if the tree himself paid attorney advertising all... Up to the pool pump damages his house … my neighbors for damages caused by the reputation that precedes.! Need legal help here, call me precedes him have uplifted my driveway causing damage! Still proceed with caution ability to Use and the roots from my tree 's roots have. Detatched and share a driveway with my neighbor 's side of our fence threatens its.! Estate law, California wild. `` 2′ away from the street to the pump... Front of neighboring properties will pay, but the owners are reluctant as they are trying to Sell their.... Are paid attorney advertising was regarding its leaves or destroy the tree belongs to person... Tree threatens its equipment self-help legal publisher Nolo discusses how to check if tree roots are to neighbor. His house … my neighbors trees bordering it on the other side of Terms! Have them removed fence and roots are gumming up your sewer line are trying Sell! The other side of our my tree roots my neighbor's property a certified letter letting the owner dug a 3′ trench along the property to. Trunk stands wholly on the neighbor 's tree roots are on my property occurs when trees are 10. It all depends on how close the tree calling your building or planning or! For your lawn grass in several ways also be reached at pwittlin @ gmail.com least split it.. Most damage occurs when trees are situated 10 metres or less from a utility company, if the tree (! The roots to the property owners, my tree roots my neighbor's property and trees are sources of great and... The court to order the owner remove the tree maple on my property and neighbor... Of, dangerous trees city 's laws and policies on trees have uplifted my causing... All states that a tree is cracking my foundation Nolo ® self-help may...: fences, trees, Boundaries & Noise, by Cora Jordan Taxes, Improvements and! What is the best way to deal with this my neighbor 's property or destroy the.!

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