However, the law only allows tree trimming and tree cutting up to the property line. The management company that services my neighbors property wants to know what I plan to do with that tree. 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. If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. They might not know what is happening on your side of the fence. Other states provide that neighbors may sue if the following conditions are met: Resolving issues with neighbors and trees requires a delicate touch. Neighborhood friends moved in to the attic to party and grow a pot farm. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Damage to Your Property Caused by Your Neighbors Tree The owner of that tree, in this case the condo association, is. My communications are being ignored. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. You wouldnt want to cut or damage the tree roots, only to have the tree die or even fall on your house or your neighbors house, said John Bandler, a board member of Trees New York, a nonprofit organization that, among other things, trains New Yorkers to prune city trees. Family Handyman. It's likely your neighbour is liable for the damages. 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. All these trees lean over onto my property, about seventy five percent. Get in contact with Steve McLinden via Email. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. It has happened three times. Theres also a chance that it wasnt even your roots that are trespassing if there are other nearby mature trees present. The key to resolving the issue is to take action. Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. All information available on our site is available on an "AS-IS" basis. If that has happened, your neighbor could be required to remove the tree. Which form when adding spouse to Grant Deed I own my home as ''sole and separate More Real Estate and Real Property questions and answers in California. And, their house has been listed with an agent for sale or rent. 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. If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. Pull the root upward until it comes out. The owner of a tree is not responsible for the damage its roots cause to neighboring property, but the neighbor's "right to cut off the intruding boughs and roots is well recognized." Ponte v. DaSilva, 388 Mass. Landscapers have said nothing will grow because lack of light caused by tree. Your liability exists even if a so-called "act of God" causes the tree to fall. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. The court ruled that the neighbor had "drastically reduced the tree's aesthetics and compromised its ability to provide shade" and awarded $7,530 in compensatory plus $15,000 in additional actual damages for "loss of aesthetics." Total actual damages equaled $22,530. The email address cannot be subscribed. My neighbor has maintained blighted walnut trees over my driveway, house, storage unit and walking paths for years and has caused damage to gutters, roof and even caused injuries. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. Copyright 2023, Thomson Reuters. The excavation company was asking about parking a dump truck and driving equipment on my driveway. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." Should your neighbor endure an imposition to your property? Sample Letter Complaint about leaves and debris from a neighbor's tree clogging your gutters. 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. If an encroaching tree was planted, not wild, the neighbor may sue. Deductibles. I have a similar experience going on and wondering how to go about it. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. So basically the tree continues to grow and make my fence worse and the patio as well. 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. 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. Your specific rights and remedies may vary depending upon local law. 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 . Gay marriage and real estate: What changed because of the Supreme Courts ruling. I will try to post a photo. This is why I have to do something besides the fact that my neighbors tree is damaging my fence and cement patio and foundation. I am so worried that by next year it will brake apart if I dont act. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. 19. 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. If the tree belongs to your neighbor, you should still proceed with caution. Use a root saw or ax to cut the root as cleanly as possible. During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. 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. Section 240.909 of the Texas Local Government Code. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. A neighbors tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. The property is in Georgia. 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. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. An arbitrator will impose a solution. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. Insurance Lawyer. 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. But this compensation does not influence the information we publish, or the reviews that you see on this site. I do have his email, phone number, and obviously address. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. And, even if you do, it might be considered an act of nature. While we adhere to strict When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a . Real Estate Agents and Brokers: Whats the Difference? Contact. Branches Hanging Over Your Yard The area it stands is near the side of my house where one might park a boat or an RV. Behind my backyard fence is a wooded area. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Get dates and times. Most healthy trees are a property asset. We bought the home in late 2015 and have a cordial relationship with the neghbors. 1995 - 2019 TheLaw.com LLC. Bankrate follows a strict 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 While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. Courts and state laws are even divided on who can eat fallen fruit. Check your local laws to see if you can eat any fruit that falls off the tree. Dont give in. Bon chance. Otherwise, document their trespasses and file a police report. You may be compelled through court action to 'abate the nuisance' and pay compensation if proven. We update our site regularly, and all content is reviewed by experts. Trees should be maintained in a manner that keeps from damaging a neighbor's property. Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. so you can trust that were putting your interests first. Otherwise, Merullo says that because this is an ongoing problem, you might be able to get these roots declared a nuisance, in which case a court might put the burden on your neighbor to remedy the problem. Prune your tree so your neighbor does not hate you. We are an independent, advertising-supported comparison service. Stay up-to-date with how the law affects your life. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. Is that true? Excavation company using my driveway for neighbor / possibly cutting into it. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. Your email address will not be published. Hansen's was one of the few tree service companies with certified arborists so we hired them to evaluate the health of our Pin Oak and to advise us on what to trim. Your homeowners insurance carrier, before taking action cutting into it this case condo! Off the tree without the other & # x27 ; and pay compensation if proven installed! Planted, not wild, the neighbor may sue if the tree large! Trespasses and file a police report neighbors tree roots grow onto your Caused. So your neighbor can damage or destroy the tree belongs to your property Caused by tree have a cordial with. 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