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. After attempts to kill the small sprouting trees with no relief, the neighbor dug into his property and found that tree roots from the insured's fig tree have been growing into the. The content created by our editorial staff is objective, factual, and not influenced by our advertisers. Sample Letter Notification about removing a tree that is a potential safety hazard. He earned a J.D. If a tree on your property somehow damages your neighbour's property (for example, a branch falls on their roof during a storm), you are not responsible for the damage unless it was caused intentionally or through negligence. The property is in Georgia. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Your liability exists even if a so-called "act of God" causes the tree to fall. Jake . . I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. Who is responsible for the branches after they are cut? Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. 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. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. 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. So basically the tree continues to grow and make my fence worse and the patio as well. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. editorial integrity, from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Portland, OR. Who is responsible for repairing this damage, my neighbor or me? Always call your insurance to ask if the damage is covered because every policy and event is unique. Most healthy trees are a property asset. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. My HOA has sent . However, the law only allows tree trimming and tree cutting up to the property line. I gave a tentative yes pending a written agreement that if they damage it at . Anyone can read what you share. Sometimes a tree on one persons property has roots that extend so far that they damage a fence on the adjacent property. Dear Real Estate Adviser, Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Most trees have a replacement value of thousands of dollars. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. He refuses to help or even offer to have his gardener maintain his tree. My neighbors tree is damaging my cars. The neighbor, who used to enjoy sitting in the sun in his or her . The reason I said have a lawyer, instead of the OP, sending the letter is because I thought it might carry more weight & get more action. Im thinking compensation or at least half of the cost of my out of pocket expense $$$. Basically telling us to fix it and not taking any responsibility for her damage to our property. Am I legally liable? However, as that tree grows several problems often arise. 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. I can nolonger take care of his trees. If I hire an aborist to submit a report on the dangers to my propert or life will that be sufficient to fotce my neighbor to trim or=cut down a tree. Fruit thats still on your neighbors tree belongs to your neighbor, even if the branch its attached to is hanging over your property. Its getting worse by the year. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). But branches continue to turn brown and large branches fall. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Check your local laws to see if you can eat any fruit that falls off the tree. We update our site regularly, and all content is reviewed by experts. What are my legal remedies? Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. 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. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Yes. editorial policy, so you can trust that our content is honest and accurate. The tree roots are part of your property. Hi Everyone. Branches Hanging Over Your Yard If the tree must come down, you may need to bring a private nuisance case against the condo association, seeking a mandatory injunction directing the association to remove the tree. 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. The email address cannot be subscribed. But as disruptive as roots can be, they are also critical to a trees survival. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. The excavation company was asking about parking a dump truck and driving equipment on my driveway. Sure enough, he told me my trees roots are damaging his foundation and driveways. It is called trespass. However, compelling someone to act is rarely an easy task. 18. In 2020 I had a tree company cut 4 big limbs of my neighbors tree that was hanging over my garage. Jeffrey Johnson is a legal writer with a focus on personal injury. Mom wants to give me a house. Get dates and times. I told the condos management company about the damages, but they refused to do anything about it and said that I had to resolve the problem. If the tree belongs to your neighbor, you should still proceed with caution. The neighbor owns the tree. Please can someone advise me what I need to do. 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. 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. Sample letter to neighbor #2. 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. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. Name After the listing, I notified the advertising agent. Tree removal without the consent of all the property owners is unlawful. Arborists have said problem will get worse. Use a root saw or ax to cut the root as cleanly as possible. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. This is not a simple pruning job with a branch overhanging your roof. Removing the tree roots up to the boundary line is a reasonable course of action. 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 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. 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. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. Sample letter to neighbor #3. 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. subject matter experts, Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Too bad the neighboring landlord is a weasel, not a beaver. If the trunk of a tree is located in your neighbors yard, but branches extend onto your property, the neighbor is the legal owner of the tree. There is a chance that your actions may cause the tree to die. Our opinions are our own. Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. 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. 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. Hazardous trees. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. Be careful here, though. It is not a substitute for professional legal assistance. New comments cannot be posted and votes cannot be cast. You are entitled to cut back roots up to your boundary, provided you return these to your neighbour. How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway? Mother changing property to son & spouse after father has passed How does my Can a spouse change/remove the other spouse from title? 1995 - 2019 TheLaw.com LLC. You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. Sample Letter to neighbor #5. The following are answers to some frequently asked questions about disputes involving neighbors and trees, including the right to trim encroaching branches and how trees relate to (and sometimes define) property lines. Make sure you know how to check if tree roots are gumming up your sewer line. You may find yourself liable for damage caused by your tree (s) to your neighbours' buildings and other structures. Its inevitable to fall. Hes owned the building for 10 years and the tree hes referring to is 40 years old. To ask a question of the Real Estate Adviser, go to the Ask the Experts page and select Buying, selling a home as the topic. By FindLaw Staff | Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Roots damaged our driveway 20+ feet away. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. Bankrate follows a strict editorial policy, Weve tried talking to him multiple times that even if we cut it it will continue to grow and it will cost us a lot to continuously hire someone to cut it. Copyright 2023, Thomson Reuters. I am truly concerned. In fact, proving the root that MIGHT be impacting your driveway is from his tree will be difficult. Grow up (be responsible for your actions, maintain your tree) and do the right thing. Customer: My neighbor and I have a shared driveway. When it falls who is responsible ? 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. Since it hasnt fallen yet is that still considered an act of God or giving the owner fair warning makes him/ her responsible ? 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. Read more Real Estate Adviser columns and more stories about real estate. Neighborhood friends moved in to the attic to party and grow a pot farm. If it does, a neighbor could bring a lawsuit against you for the death of the tree. Trim carefully. Fast forward to present day. New Carpet Smell: Is it Safe? process and giving people confidence in which actions to take next. Issues With Leaves, Acorns and Fruit Gay marriage and real estate: What changed because of the Supreme Courts ruling. A limb from your neighbor's poorly maintained tree falls into your property causing damage. We value your trust. Derak F. Dear Derak, As a subscriber, you have 10 gift articles to give each month. Our experts have been helping you master your money for over four decades. Privacy Policy. For more information, please see our If you call your municipality, they may remove the tree themselves or order your neighbor to do it. My question may seem silly, but please indulge me. It is now going on two months. Insurance Lawyer. By law, you have the right to trim branches and limbs that extend past the property line. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. Get in contact with Steve McLinden via Email. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. When you cut the roots of a tree that is entirely on your neighbors' property, if you kill or injure the tree, you could potentially be held liable for the damages . You can prune any branches or roots that cross onto your property, but your actions must not result in the. 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