I have a tree on my property and the roots from my tree have made their way into my neighbor's property. Large fig tree growing against the fence and roots are cracking my foundation. 30+ years real estate law legal experience. Instead, the neighbor can go ahead and trim the tree himself. 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. When Can I Trim My Neighbor’s Tree? I have a maple tree (~ 24" around) around 3 feet from my property line. Hi all, My Neighbour’s tree roots are on my property. Some cities will even remove such a tree for the owner. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. What are the signs my property is suffering tree root damage? seriously interferes with the neighbor's ability to use and enjoy her property. The contractor charged over $12K to completely replace the line from the street to the house. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Can I trim the branches of the neighbor's tree that hang over my yard? A big tree on the condo’s property has roots encroaching onto my property. My neighbor's tree looks like it's going to fall on my house any day now. If … 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. 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 Patel claimed the roots had started to damage concrete around his property. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. 10 / 11 I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. 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. Answer: If your neighbor’s property is damaged by your tree, then he should file a claim with his insurance company. But you may not go onto the neighbor's property or destroy the tree itself. You can find out local tree rules by calling your building or planning commission or checking local ordinances online. 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 … Neighbors tree roots damaging my property. 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. Second opinion] Hello. I have a large tree near the side of my house. What do you want to do? Some trees can be valued at more than $4,000. If you still have questions, check out Nolo's Neighbor Law: Fences, Trees, Boundaries & Noise, by Cora Jordan. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. You don’t want to cut down the tree. 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. 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. 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. This is a water oak , the roots spread out, pushing into anything in its way. To run afoul of the law, your neighbor doesn't have to chop down your tree. 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. My Neighbor's Trees Are Killing My Lawn. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. 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. Neighbors tree roots causing damage by uplifting driveway. My tree issue is their tree’s roots are lifting the slabs of my driveway and will eventually cause it to crack and break. It depends on how close the tree is planted to your property, and how critical those roots are to the tree. 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. They are claiming they think the roots from my tree may be causing a recent plumbing issue they are having. Do I have to compensate my neighbors for damages caused by the spreading roots of a tree on my land? Your tree is damaging your neighbors property. 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. 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. Question: My backyard contains a big, beautiful shade tree. 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. Most damage occurs when trees are situated 10 metres or less from a property. Its enough to just damage the health of your tree. If you don't get help from these sources, and the neighbor refuses to take action, you can sue. If my neighbor’s tree roots are encroaching on my property, what are my rights? 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