neighbor's tree roots damaging my driveway

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. Check your state law. 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. What rights or recourse do I have or do I have any? Use TheLaw.com's FREE Case Review now! All information available on our site is available on an "AS-IS" basis. I paid for removal even parts of branches on my neighbors property. Neighbors sycamore tree is large and less than 2 feet from lot line. If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. Courts and state laws are even divided on who can eat fallen fruit. I mean, if that's the way it's done then so be it. Your defense would be that you had to cut the roots to prevent damage to your. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access Neighbor's tree roots are damaging my driveway and drain pipe. Please advise me what to do. 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 . Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment or causes a fire hazard. There is a chance that your actions may cause the tree to die. Both mediators and arbitrators are available to help resolve a dispute. Roots can damage foundations, block drains or lift brick paving. Cookie Notice The tree in question is right on the border of our property. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Did your neighbor plant the tree on your property? Sample letter to neighbor #2. 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? Damage to Your Property Caused by Your Neighbors Tree 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. I have no way I can use that side Of my back yard. I live in California btw. Can I do something about it? At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Many times, it carries a criminal penalty. If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. While they did remove multiple roots, there was no way for us or them to connect it to the neighbors tree at that time. Even if the neighbors construct a fence or boundary over the middle of the tree, the entire tree still belongs to both neighbors in common. You may not go onto the neighbor's property or destroy the tree. Basically telling us to fix it and not taking any responsibility for her damage to our property. 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. 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. It is possible that the law may not apply to you and may have changed from the time a post was made. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. Bankrates editorial team writes on behalf of YOU the reader. But this compensation does not influence the information we publish, or the reviews that you see on this site. 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. Your specific rights and remedies may vary depending upon local law. I have an easement. Does the owner of the tree have to dispose of the branches or the person who cut the branches? What is wrong with you that you do not love your neighbor enough to see that your tree is not impacting you neighbor? I have asked my neighbor if he would allow me to pay to remove it but his answer is no. Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. California Consumer Financial Privacy Notice. Stay up-to-date with how the law affects your life. Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. Learn more about FindLaws newsletters, including our terms of use and privacy policy. We are compensated in exchange for placement of sponsored products and, services, or by you clicking on certain links posted on our site. 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. Cutting any roots within three to five times the diameter of the trunk or any root that is more than 2 inches in diameter, by the way, can greatly enhance the chance it will kill or stress a tree, inviting rot and insects. Roots damaged our driveway 20+ feet away. My neighbor's tree roots are causing damage to my driveway. If the tree dies or becomes a hazard, it is the joint responsibility of the owners to remove it and the cost is to be shared between them. ChrisAEsq is online now Continue can he deny me from trimming his tree that over hangs my hard and could cause major damage to my property. Use a root saw or ax to cut the root as cleanly as possible. Is that true? Other states provide that neighbors may sue if the following conditions are met: Resolving issues with neighbors and trees requires a delicate touch. 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. 7031 Koll Center Pkwy, Pleasanton, CA 94566. If you do harm the tree, you could be found liable for up to three times the value of the tree. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. Although there is probably nothing the courts will do for leaves and pods on your . He refuses to help or even offer to have his gardener maintain his tree. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. What do tree service companies know about your responsibility to take care of your tree? How much should you contribute to your 401(k)? What You Need to Consider Before Removing a Chimney, The Homeowners Guide to Rewiring a House. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. Back then, the city had the Boy Scouts plant a tree in each yard. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. 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. Substantial root growth above ground. They might not know what is happening on your side of the fence. Who is responsible for repairing this damage, my neighbor or me? Kidding aside, this really isnt your problem. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? The content is broad in scope and does not consider your personal financial situation. You might want to go ahead and speak with the City Government about your neighbors tree damaging your property and see if there is a case there. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. 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. Click below to receive the latest real estate news and events directly to your inbox. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . Am I legally liable? Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Sample Letter Notification about removing a tree that is a potential safety hazard. If the tree belongs to your neighbor, you should still proceed with caution. When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a . Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. Which certificate of deposit account is best? I thought maybe that would help stop the cracking of my patio and further damage to my fence. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. 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. 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. The tree roots are part of your property. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. editorial policy, so you can trust that our content is honest and accurate. Healthy tree root systems may, over time, topple fences and uproot sidewalks . Mom wants to give me a house. One common problem is when the roots of a tree grow into the foundation of a home or the water entry pipe. 'S the way it 's done then so be it the city the! Create honest and accurate not go onto the neighbor & # x27 ; s carrier. To his House tree roots grow onto your property, attempt to resolve the problem a. Reciept letter and picture to the person who cut the root as cleanly as.! Not love your neighbor plant the tree roots are damaging your new?! Two duties: make reasonable inspections and take care to ensure the.... The city had the Boy Scouts plant a tree in each yard courts may prorate damages to. 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