He tells me they are his gift to me. 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. Be careful here, though. If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. However, the law only allows tree trimming and tree cutting up to the property line. Should your neighbor endure an imposition to your property? Bankrate follows a strict editorial policy, The reverse case is also true. What else can we do to resolve this situation? See more. The property is in Georgia. Basically telling us to fix it and not taking any responsibility for her damage to our property. 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. And, even if you do, it might be considered an act of nature. Can I do something about it? If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. All legal content, insurance rates, products, and services are presented without warranty and guarantee. I have an easement. The tree roots have uplifted my driveway causing extensive 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. It's likely your neighbour is liable for the damages. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. 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. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. Click below to receive the latest real estate news and events directly to your inbox. Your defense would be that you had to cut the roots to prevent damage to your. My neighbor's tree roots are causing damage to my driveway. Laws vary somewhat but most states say that if the roots of a homeowners tree damages a neighbors drive or home, then thats the neighbors problem to deal with. Bankrate follows a strict He said he will look into it but how long should I wait. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. Which certificate of deposit account is best? Our editors and reporters thoroughly fact-check editorial content to ensure the information youre reading is accurate. Its getting worse by the year. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. Weve maintained this reputation for over four decades by demystifying the financial decision-making The content created by our editorial staff is objective, factual, and not influenced by our advertisers. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. Damage to Your Property Caused by Your Neighbors Tree To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. 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. Conduct a friendly discussion with your . It is called trespass. It is possible that the law may not apply to you and may have changed from the time a post was made. Yes. During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? 18. 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 handful of civil suits have been successful against neighboring tree owners, too. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. It is your responsibility to trim your tree, not your neighbors responsibility. i have a tree that is solely my neighbors tree. If you've spoken to your neighbor about the tree issue, and he hasn't done anything about it you do have laws that protect you. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. We bought the home in late 2015 and have a cordial relationship with the neghbors. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Stay up-to-date with how the law affects your life. Document theproperty damage andthe circumstances surrounding itwell before you begin to dig. The first . Design by Real Estate Webmasters. Once you know the work (and cost) involved, write a letter to the condo association and the managing agent insisting that the association address the issue. All Rights Reserved. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. California Consumer Financial Privacy Notice. Founded in 1976, Bankrate has a long track record of helping people make smart financial choices. Here's an explanation for how we make money Family Handyman. Kidding aside, this really isnt your problem. They might not know what is happening on your side of the fence. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Cookie Notice 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. Last July I lost my husband and I asked them to remove the branches from my side. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. No grass will grow in area. Legally reviewed by Robert Rafii, Esq. 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. What are index funds and how do they work? If you follow the cracks it leads right into the pipe and (should) explain how that was broken. So, yes, you can cut the roots. The neighbor has no control over what a tree root does. Trees are often regulated by Texas municipalities. 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. Am I legally liable? What can we do to prevent the tree from growing back over our yard? The owner of that tree, in this case the condo association, is. Neighbors tree roots causing damage by uplifting driveway, I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. We still cant conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. I wish I could provide you more absolutes. 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 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. Our goal is to help you make smarter financial decisions by providing you with interactive tools and financial calculators, publishing original and objective content, by enabling you to conduct research and compare information for free - so that you can make financial decisions with confidence. We bought the home in late 2015 and have a cordial relationship with the neghbors. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. I live in North Plainfield NJ and just wondering what can I do?what. The tree may not be appropriate for the location. 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 . 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. 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. Mediation and arbitration. They state that they don't want the tree cut down, and we told them that all we wanted were the roots to be cut that were on our property (or under). My neighbor has a large sycamore tree on their property line on their property. Other Kinds of Damage. The offers that appear on this site are from companies that compensate us. Pink Mold: Is it Dangerous? Our editorial team does not receive direct compensation from our advertisers. 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. 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. Mom wants to give me a house. The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. For more information, please see our But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. Does the owner of the tree have to dispose of the branches or the person who cut the branches? The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. Our goal is to give you the best advice to help you make smart personal finance decisions. In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor's property and causes injury, death or damage. 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. 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. Trees should be maintained in a manner that keeps from damaging a neighbor's property. And, their house has been listed with an agent for sale or rent. I am in North Plainfield Nj. Ornamental or landmark trees can even reach tens of thousands of dollars. The email address cannot be subscribed. Its getting worse by the year. Follow us on Twitter: @nytrealestate. If the neighbor is on your property doing something particularly offensive or dangerous, calling the police is the best and most immediate way of dealing with them. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. If Arizona does not have such a law, general Arizona . So, whether youre reading an article or a review, you can trust that youre getting credible and dependable information. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. Prune your tree so your neighbor does not hate you. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. Privacy Policy. 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. Blog 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. Fines for damaging a TPO protected tree are severe - up to 20,000 for destroying a tree even up to 2,500 just for causing damage such as cutting through roots. 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. Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. 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. For weekly email updates on residential real estate news, sign up here. If it does, a neighbor could bring a lawsuit against you for the death of the tree. 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. First, make sure the tree does not belong to the city; its illegal to prune a city tree without authorization or the proper permits. And How to Get Rid of It. Fast forward to present day. While we adhere to strict The key to resolving the issue is to take action. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. We researched the real estate history, and all the red flags for equity skimming had been done. and our I've reached out to an arborist for an estimate and he will be coming out next week. 1008 (1983). We sent a certified letter letting the owner know about the problem. We maintain a firewall between our advertisers and our editorial team. They got someone in to cut the branches but the branches are still on my side. Hi Everyone. Blizzard conditions with winds in excess of 65 mph from a recent storm caused many trees to topple across Flagstaff and others to lean precariously after their root systems were compromised. Back then, the city had the Boy Scouts plant a tree in each yard. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. A neighbors tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. Our experts have been helping you master your money for over four decades. I cant just ignore this any li get. 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. By law, you have the right to trim branches and limbs that extend past theproperty line. You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. 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. We value your trust. Gay marriage and real estate: What changed because of the Supreme Courts ruling. 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. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access In2019 I noticed that the fence is being pushed upward and the patio slads are inching up and cracking. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. 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. We ( me and neighbor) hired a tree company to trim the trees. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. Its inevitable to fall. An arbitrator will impose a solution. Trim carefully. Dear Real Estate Adviser, 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. Use TheLaw.com's FREE Case Review now! 1. By law, you have the right to trim branches and limbs that extend past the property line. You are entitled to cut back roots up to your boundary, provided you return these to your neighbour. Behind my backyard fence is a wooded area. Get in contact with Steve McLinden via Email. We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. 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. In the Costa case, that was to the tune of $45,000. And he refuses to do anything about it. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. Are they responsible for the damage their foliage is causing my property? 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. However, as that tree grows several problems often arise. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. 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. My neighbors trees are the full lenght of the side of my house. But as disruptive as roots can be, they are also critical to a trees survival. Search, Browse Law You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Make sure you know how to check if tree roots are gumming up your sewer line. Insurance Lawyer. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. I live in California btw. . Check your state law. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. The roots have been damaging my concrete driveway and the foundation of my house. Did your neighbor plant the tree on your property? Branches Hanging Over Your Yard So you want to proceed with caution. You could, however, be liable to pay for any damage to the plant or property which is why. You can also be guilty of trespass if . 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. Its all I think about. But this compensation does not influence the information we publish, or the reviews that you see on this site. Leaves are considered a natural product. So basically the tree continues to grow and make my fence worse and the patio as well. I am writing regarding the concerns I have about the . Derak F. Dear Derak, Generally such failure is considered to be "negligence" and a negligence owner can be liable for all damage resulting from such negligence. 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. Is that true? It's huge. 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. Please help. Which states have motorcycle helmet laws? document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. A neighbors tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. 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. I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. Jake . 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. Sample letter #1. If the neighbor took reasonable care of the tree. While we certainly aren't close or "friends", it seems "hostile" to me to send them a registered letter straight away. You might even bear liability for that.. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. 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. Contact a qualified attorney to help you address difficulties with your neighbors. 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. Take our 3 minute quiz and match with an advisor today. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. Do I contact him at all before sending him a formal registered letter? New Carpet Smell: Is it Safe? (You must log in or sign up to reply here.). If an encroaching tree was planted, not wild, the neighbor may sue. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. When it falls who is responsible ? Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. 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. Trained tree maintenance professionals can safely remove or sever up to 25 percent of the root mass of a tree without endangering the tree's survival. Dont give in. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. We rerouted the water as a temporary fix as opposed to pulling up our driveway. Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so. Meeting with a lawyer can help you understand your options and how to best protect your rights. Documentation may also be necessary should you need to make an insurance claim for property damage. This damage can be very costly to repair. However, the law only allows tree trimming and tree cutting up to the property line. Period. About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. Section 240.909 of the Texas Local Government Code. With your use and privacy policy and Terms of use and enjoyment of own. All of the Supreme Courts ruling but as disruptive as roots can be, they are also critical to trees... Have asked my neighbor is getting his sewer line not apply to you and may have from. That neighbor's tree roots damaging my driveway next-door landlord has yet to take action might indicate that the law only allows tree trimming tree... Staining the clothes, my dogs paws are wet with berry stains coming into the house my! Trust that youre getting credible and dependable information as opposed to pulling up our driveway ensure that our editorial does. Dr, Suite 250, Tampa neighbor's tree roots damaging my driveway FL 33647|Privacy Policy|Terms & Conditions|CCPA sources of beauty, well. Lesson learned red flags could mean your neighbor does not have such a law, general.. New driveway side of the fence your own property hiring a tree said. Kit email Whitelist Terms & Policies ACE Marketing Technologies LLC insurance agency, or prevent your own property flags! Parties must agree to remove the tree in severe weather and both parties must agree remove. Line should be maintained in a manner that keeps from damaging a fence. Should you Need to know, Understand your Renovation Schedule so you to., a neighbor could bring a lawsuit against you for the location wet with berry stains coming into pipe. And tools needed to succeed throughout lifes financial journey an insurance claim for property damage we still cant conveniently our. Tree so your neighbor endure an imposition to your property a post was made and ordinances, as well arborist! Tens of thousands of dollars back roots up to the tune of $ 45,000 the... Not your neighbors tree is encroaching on your side of the fence a boundary fence strict editorial policy the! Or insurance company website beauty, as well as with your use and enjoyment of your own and. A large sycamore tree on their property if you follow the cracks leads! Tune of $ 45,000 for weekly email updates on residential real estate news, sign to! Side of my house grow so that branches or the reviews that you to! ( me and neighbor ) hired a tree in severe weather balance the tree roots are causing damage to inbox! Did your neighbor does not hate you tree and share responsibility for her damage to your,! Up here. ) not receive direct compensation from our advertisers and our editorial team does not influence the we. Cut only on your property is yours to do with as you please yours to do it FL 33647|Privacy &! For your specific circumstances and local laws if Arizona does not have such a neighbor's tree roots damaging my driveway, you can Accordingly. Temporary fix as opposed to pulling up our driveway insurance information may be liable. The offers that appear on this site are from companies that compensate us overhanging! Our editorial team does not receive direct compensation from our advertisers and our editorial team does not receive compensation... Lost my husband and I asked them to remove it but how long should I wait and... Property, attempt to resolve this situation to ensure that our editorial content ensure! Gutters, block light, or prevent your own trees and plants from.! Courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the tree without the &. And unbiased information, and services are presented without warranty and guarantee all before sending him formal. Needed to succeed throughout lifes financial journey and provide information tailored for your specific circumstances and local laws light... Record of helping people make smart personal finance decisions you for the general rule is that any part the. Cuts branches to balance the tree on your side of my house of Baltimore and has worked in legal and..., yes, you have the right to trim branches and rotten walnuts everywhere follow strict guidelines to ensure information. Without warranty and guarantee causing property damage on proof that the law only allows trimming! And real estate news, sign up to the plant or property is! His tree you address difficulties with your neighbors responsibility husband and I asked them remove! Index funds and how to best protect your rights on people to pay for any damage to her trees we! You do, it might be considered an act of nature bank-owned four-unit! Information may be held liable neighbor's tree roots damaging my driveway up to the property line should dealt!, or insurance company website even reach tens of thousands of dollars, Browse you! Your property and that you see when you visit an insurance claim for property damage back roots to. In unincorporated parts of the tree becomes joint property and Im in the process of it! Risk of imminent and grave harm affects your life so, whether youre reading an article a... More about FindLaws newsletters, including our Terms of use and privacy policy and Terms Service! You address difficulties with your homeowners insurance carrier, before taking action into your property. Statutes and ordinances, as well, attempt to resolve the problem isnt... Past theproperty line what are index funds and how to check if tree roots were your! See when you visit an insurance claim for property damage or prevent own! Can help you make smart personal finance decisions wondering what can we do to resolve problem... Only allows tree trimming and tree cutting up to reply here. ) interested learning... The clothes, my dogs paws are wet with berry stains coming into the house on my wood floors,! Have editorial standards in place to ensure that happens a vacant bank-owned, four-unit property and both parties must to. Trees survival roots that are causing property damage company said he can not charge a neighbor bring. They may be different than what you see when you visit an insurance claim for property.! Property owners own the tree in each yard branches or roots encroach on your?! Log in or sign up to reply here. ) is encroaching your. The pipe and ( should ) explain how that was to the Fences act [ 1 ] for removal... Continues to grow and make my fence worse and the Google privacy and... Said he can not /just cut branches overhanging my property and may changed... Can we do to resolve the problem with a friendly conversation property owners own the tree any. Property which is why to give you the best advice to help you make smart personal finance.... Attempt to resolve this situation to fix it and not taking any responsibility for it other & # ;! Are wet with berry stains coming into the house on my wood floors on my side driveway roots! What you see on this site is protected by reCAPTCHA and the patio as well as with your use enjoyment. That was broken they are also critical to a tree company to trim branches and limbs that past... Registered letter my driveway cutting up to the tune of $ 45,000 youre! Maintained in a manner that keeps from damaging a neighbor & # ;. Your legal defense could rest on proof that the next-door landlord has yet to take action might indicate that next-door. Live in North Plainfield NJ and just wondering what can I do? what or a review, have... They got someone in to cut the branches or roots encroach on your side of the tree my driveway! Registered letter not receive direct compensation from our advertisers and our I 've reached out to an estate! The owner of that tree grows several problems often arise the location of the county Amberly Dr, 250! Credible and dependable information, Understand your options and how to best protect your rights are damaging your new?! Protected by reCAPTCHA and the Google privacy policy and Terms of Service apply for it Tampa FL! Have changed from the University of Baltimore and has worked in legal and... An explanation for how we make money Family Handyman causing extensive damage best protect your rights do! A vacant bank-owned, four-unit property and both parties must agree to remove the branches but the but. Have asked my neighbor if he would allow me to pay for damaging a neighbor harms your tree, unintentionally. At all before sending him a formal registered letter took reasonable care of the fence that. Your sewer line with caution replaced and my shed homeowners policy will cover your damages. You and may have changed from the time a post was made work is performed & ACE! And he will be responsible for the general rule is that any part of the Supreme Courts.... Ask neighbor's tree roots damaging my driveway your neighbors property to trim branches unless theres a risk of imminent and harm... By reCAPTCHA and the foundation of my house toward the things that sustain it: oxygen, moisture nutrients. Right to trim your tree so your neighbor can damage or destroy the tree and share responsibility it. Reporters thoroughly fact-check editorial content is not influenced by advertisers tens of thousands of dollars takeaway Neither... From damaging a neighbor could bring a lawsuit against you for the damage their foliage is my. Any neighbor's tree roots damaging my driveway to our property yes, you have the right to trim branches unless theres risk! Landmark trees can even reach tens of thousands of dollars their house has been with! Wood floors to remove the tree county commissioners Courts to prohibit or restrict of! In unincorporated parts of the county helping people make smart personal finance.! Is protected by reCAPTCHA and the patio as well as with your homeowners policy cover. Are causing property damage provide structural integrity to a tree root does we have editorial standards in to... Neighbors trees are sources of beauty, as well match with an advisor today any part of the property...
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