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. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. It's a good idea to see if the damage is covered by insurance. Courts and state laws are even divided on who can eat fallen fruit. For weekly email updates on residential real estate news, sign up here. 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. Its getting worse by the year. Mom wants to give me a house. Here's a common situation: Jeff emailed The Oregonian/OregonLive that his driveway was lifting and he paid $400 to have the damaged piece removed and new concrete poured. Its all I think about. My question may seem silly, but please indulge me. Document theproperty damage andthe circumstances surrounding itwell before you begin to dig. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Bankrate.com is an independent, advertising-supported publisher and comparison service. Customer: My neighbor and I have a shared driveway. Cutting roots larger than 3 inches poses a risk to the tree because a wound this large is vulnerable to pests and diseases . I need to do something soon. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. 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. 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. What do tree service companies know about your responsibility to take care of your tree? Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. Many times, it carries a criminal penalty. Meeting with a lawyer can help you understand your options and how to best protect your rights. Did your neighbor plant the tree on your property? This doesnt influence our content. While we adhere to strict 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. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. No grass will grow in area. And, even if you do, it might be considered an act of nature. If the roots of a tree situated on a neighbour's land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. Tree removal without the consent of all the property owners is unlawful. Archived post. My neighbor has a large sycamore tree on their property line on their property. 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. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. Our editorial team does not receive direct compensation from our advertisers. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. Is homebuyer responsible for past damage? 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. A typical example is damage to foundations from encroaching tree roots. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. What are index funds and how do they work? It is now going on two months. The area it stands is near the side of my house where one might park a boat or an RV. That means you cant cut it down, but you do have the right to trim any branches that hang over your yard to avoid damage to your property. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Just keep this in mind. However, the Virginia Supreme Court did overturn a long-term precedent there when it ruled that property owners can indeed force a neighbor to cut back roots or branches in some cases; a. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage. Neighbor's tree roots are damaging my driveway and drain pipe. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. 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. Check your state law. The limbs hang in my yard and over my home while the roots extend into my yard and have caused my sprinkler system pipes to break. Please remember that your use of this website is governed by Bankrates Terms of Use. Compare Quotes From Top Companies and Save, Property Damage From a Neighbors Tree Roots Your Rights and Options, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. 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. All he says is if you want to cut it, cut it. Required fields are marked *. 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. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. If your neighbour's tree has damaged your property, it is possible that your neighbour is liable for the damage. Roots grow gradually, so the damage they do can be equally gradual. 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. I will try to post a photo. So, whether youre reading an article or a review, you can trust that youre getting credible and dependable information. 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. But if he kills the neighbors tree, he is liable. Thus, the complaining neighbor is free, technically, to sever the roots on his property but he would be wise to heed the foresters caution. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. Can I do something about it? You could, however, be liable to pay for any damage to the plant or property which is why. Having our house appraised and keeping photos of damages is our plan, with lawsuit for intentional neglect and physical harm down the road. Disclaimer: A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. The driveway in this area has begun to crack significantly. You may be compelled through court action to 'abate the nuisance' and pay compensation if proven. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. There is a chance that your actions may cause the tree to die. 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. Hazardous trees. 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 . Tree root damage will only occur when a tree is fairly close to the driveway. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. Shaving or removing roots may weaken or even kill the tree, which could then fall, potentially on your property. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. If the tree belongs to your neighbor, you should still proceed with caution. Both mediators and arbitrators are available to help resolve a dispute. Healthy tree root systems may, over time, topple fences and uproot sidewalks . Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access I have no way I can use that side Of my back yard. 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. My neighbors tree branches extend into my yard i asked him to trim it but he fails to do so..This has been ongoing for over 20 years.Tomorrow im hiring a tree trimmer to cut the branches that extend on to my property..Im fed up with asking my neighbor to trim his tree because it makes my property look bad and his tree snuff the life out of my plants because of the lack of sun..What is my legal position after the job has been done? And I have a German Shepard that I am with in the yard and worried that one day he might want get out. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. But please dont commit arborcide to rectify the issue. Emergency Service - 417.272.8733 Emergency Service 417.272.8733. Ornamental or landmark trees can even reach tens of thousands of dollars. I paid for removal even parts of branches on my neighbors property. A neighbor may sue if the tree is noxious. 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. 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. 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. 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. Yes. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. 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