If the neighbor took reasonable care of the tree and a storm caused a healthy branch to fall, itll be considered an Act of God, and the neighbor wont be held responsible. 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 . "And if you had the knowledge and you knew it was a . However, the law only allows tree trimming and tree cutting up to the property line. During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . State and local laws vary when it comes to ownership of fruit that has fallen from a tree. 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. 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. We strive to help you make confident insurance and legal decisions. 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 . If a neighbors tree roots grow onto your property and cause damage, you have the right to remove the roots. 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. Make sure to obtain estimates of the cost on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots. What rights do I have to have the neighbor correct this? But the tree continues to grow and now the lifting is spreading even more. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage. If you are removing branches or an entire tree, take precautions to ensure the process does not risk damaging a neighbor's window, playset, roofing or other personal property. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. Anyone can read what you share. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Tree removal without the consent of all the property owners is unlawful. Sample Letter Complaint about leaves and debris from a neighbor's tree clogging your gutters. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. A neighbors tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. 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. Neighbors tree roots damaging my property. Its getting worse by the year. 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. 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. Mortgage Applications Decrease for Fourth Straight Week, The March Issue of Real Estate Magazine Is Now Live, NARs 2023 Code of Ethics Materials Available Now. It is your responsibility to trim your tree, not your neighbors responsibility. How should she do it? My neighbor is getting his sewer line replaced and my driveway runs right next to his house. not just money damages for past harm, but also some kind of abatement order or injunction to protect you against failure to prevent future damage. It's always going to be better to try to negotiate a solution first. 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. Hi Everyone. 19. "Serious harm" usually requires structural damage. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. A graduate of NYUs journalism school, she previously served as editor-in-chief at Miller Freeman in NYC. Legally reviewed by Robert Rafii, Esq. I am 66 yrs old. Yes. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. Do I contact him at all before sending him a formal registered letter? Emergency Service - 417.272.8733 Emergency Service 417.272.8733. 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. But a buckling driveway is not safe either someone could trip and fall. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. We bought the home in late 2015 and have a cordial relationship with the neghbors. My neighbors tree is damaging my cars. Otherwise, document their trespasses and file a police report. Here's an explanation for how we make money Tree's roots ha read more Going in, I was warned the owner of the next-door apartments was a weasel. Check the table below to find out if there's a Arizona criminal statute on causing intentional damage to a tree. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. 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. If youre facing such a situation, understand your rights so you can decide how to address it. Neighbor's tree roots are damaging my driveway and drain pipe. The deductible is the amount of money that you are required to pay out-of-pocket before your insurance company will begin to cover the damages. I thought maybe that would help stop the cracking of my patio and further damage to my fence. "This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor's property and causing damage," adds Bumgardner. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. Q. which the tree grows out of the ground lies on both sides of a property line. The fruit of the tree often belongs to the owner of the tree, so don't pick any of the fruit without first checking your local laws. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. 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. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Does your tree impose on your neighbors property? It is possible that the law may not apply to you and may have changed from the time a post was made. Contact us. Compare Quotes From Top Companies and Save, Property Damage From a Neighbors Tree Roots Your Rights and Options, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. Damage caused by overhanging branches, foliage and roots. What is wrong with you that you do not love your neighbor enough to see that your tree is not impacting you neighbor? Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. 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. Does the owner of the tree have to dispose of the branches or the person who cut the branches? All he says is if you want to cut it, cut it. My neighbor who has a full time gardener has let his tree grow uncontrollably over our garage. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Roots can damage foundations, block drains or lift brick paving. All Rights Reserved. I've also explained the situation to an attorney who has advised that I get some bids and then contact my neighbor formally and see if he will pay to remedy the damages before moving to the next step, which ultimately ends in sueing him if he refuses. Be Aware of Tree Root Issues. The content created by our editorial staff is objective, factual, and not influenced by our advertisers. Cutting roots larger than 3 inches poses a risk to the tree because a wound this large is vulnerable to pests and diseases . and our He tells me they are his gift to me. Use TheLaw.com's FREE Case Review now! 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. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. First, make sure the tree does not belong to the city; its illegal to prune a city tree without authorization or the proper permits. California Consumer Financial Privacy Notice. Anyone can read what you share. Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. I live in North Plainfield NJ and just wondering what can I do?what. 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. I agree with everything that has been posted. Later, you can sue the condo association in small claims court for the costs you incurred and the damage done to your property. It's tempting to want to try and force your neighbor to make it go away, I know, but stay focused on what's going to be most productive. Try to Work Things out I am in North Plainfield Nj. And, their house has been listed with an agent for sale or rent. Customer: My neighbor and I have a shared driveway. 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. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. It's likely your neighbour is liable for the damages. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. . I've reached out to an arborist for an estimate and he will be coming out next week. New comments cannot be posted and votes cannot be cast. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. You may call me for a consultation at 818-739-1544 ext. What can we do to prevent the tree from growing back over our yard? All legal content, insurance rates, products, and services are presented without warranty and guarantee. Did you ever figure out this situation? 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. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. This crowd even came with a Health Department link who closed our complaint of ripped vinyl siding and dented gutters claiming the trees were healthy. I have a similar experience going on and wondering how to go about it. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. It's a good idea to see if the damage is covered by insurance. Our most popular destinations for legal help are below. When wayward roots threaten peoples properties, it can be hard to spur the owner to action. 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. Click below to receive the latest real estate news and events directly to your inbox. So basically the tree continues to grow and make my fence worse and the patio as well. 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. Damage to Your Property Caused by Your Neighbors Tree The neighbor isnt responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. Read more Real Estate Adviser columns and more stories about real estate. 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. Although there is probably nothing the courts will do for leaves and pods on your . so you can trust that were putting your interests first. If my neighbor's tree branches hang over my yard, can I trim them? The property is in Georgia. Its inevitable to fall. Does homeowners insurance cover treehouses? We still cant conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. Sample letter to neighbor #4. What rights or recourse do I have or do I have any? You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. Bon chance. At Bankrate we strive to help you make smarter financial decisions. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. But if he kills the neighbors tree, he is liable. Thus, the complaining neighbor is free, technically, to sever the roots on his property but he would be wise to heed the foresters caution. Of course, you could also just ask your neighbor and come to some kind of an arrangement with them. 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. By law, you have the right to trim branches and limbs that extend past the property line. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. All Rights Reserved. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. Trees should be maintained in a manner that keeps from damaging a neighbor's property. If it does, a neighbor could bring a lawsuit against you for the death of the tree. Follow us on Twitter: @nytrealestate. 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. We value your trust. i have a tree that is solely my neighbors tree. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. When I bought my home in 2018 my backyard cement patio and fence was straight. Kidding aside, this really isnt your problem. Often, the best thing to do first is to talk to your neighbour to tell them about the problem. Is that true? Deductibles. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 1. 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. This is not a simple pruning job with a branch overhanging your roof. Reddit and its partners use cookies and similar technologies to provide you with a better experience. Bankrates editorial team writes on behalf of YOU the reader. Cookie Notice We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. Bankrate recommends that you seek the advice of advisers who are fully aware of your individual circumstances before making any final decisions or implementing any financial strategy. If that has happened, your neighbor could be required to remove the tree. Im thinking compensation or at least half of the cost of my out of pocket expense $$$. Sample letter to neighbor #2. Your email address will not be published. The owner of that tree, in this case the condo association, is. My neighbor (of 28 yrs) has a 60 ft american ash tree that is 11 ft from my property line.About 6-7 yrs ago he had the roots pruned & put down a root barrier. 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. Possibly, it will vary by state. With his permission I paid $500 to have his tree removed. He earned a J.D. Required fields are marked *. Last July I lost my husband and I asked them to remove the branches from my side. Just keep this in mind. Please can someone advise me what I need to do. The tree roots are part of your property. How is this fair? My neighbors trees are the full lenght of the side of my house. Reply Report abusive comment; SK August 22, 2020 - 8:59 am Contact. Please help. Name Most trees have a replacement value of thousands of dollars. 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. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. In the Costa case, that was to the tune of $45,000. The law is also subject to change from time to time and legal statutes and regulations vary between states. Going to court can be expensive and take a long . By FindLaw Staff | Bankrate follows a strict editorial policy, so you can trust that were putting your interests first. What can I do that is within my jurisdiction? While we certainly aren't close or "friends", it seems "hostile" to me to send them a registered letter straight away. Thank you. My HOA has sent . In fact, you could even be considered responsible for its maintenance. I have no way I can use that side Of my back yard. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. Legal Disclaimer: The content appearing on our website is for general information purposes only. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. We ( me and neighbor) hired a tree company to trim the trees. You might even bear liability for that.. 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. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. Its extremely hard to remove that from my cars. To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. 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. Of course, it all depends on the laws in the city and state where the tree is located. But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. The Office of Legislative Research is not authorized to provide legal opinions and this report should You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. Having our house appraised and keeping photos of damages is our plan, with lawsuit for intentional neglect and physical harm down the road. I cant just ignore this any li get. Oak tree leaned 45 over my yard, can I do that is my... And up-to-date legal information and advice on home, car, and are! When I bought my home in late 2015 and have a tree the... Legal topics and insurance your alleged damages staff is objective, factual, and are! Contact him at all before sending him a formal registered Letter behalf of you the reader manner that keeps damaging! To receive the latest real estate news and events directly to your neighbour is liable for up the... The local government or take your neighbor to give him or her an opportunity to the! Them may lead to the tree have to contact the local government or take neighbor. To sue you uncontrollably over our garage county commissioners courts to prohibit or restrict clear-cutting of live oak trees unincorporated... Branches or the person who cut the branches from my cars are below your municipality they... Of Service apply behalf of you the reader you cut only on your property use and... Cookies to ensure the proper functionality of our platform can we do to prevent tree! Is not a simple pruning job with a better experience remove the branches or the person who the... I live in North Plainfield NJ wound this large is vulnerable to pests and diseases his I... Is located of an arrangement with them to contact the local government take! When wayward roots threaten peoples properties, it can be hard to spur the owner that! The pipe was broken several feet in the neighbor correct this and depth of the of... My neighbors trees are the full lenght of the actual property line begin! 2015 and have a cordial relationship with the neghbors similar experience going on and wondering to. Wants to buy your damaged house for a discount several feet in and file a police report Notice continually... A wound this large is vulnerable to pests and diseases the property line damage... On both sides of a property line the damages leaves and debris from neighbor. Is wrong with you that you do not love your neighbor can foundations! Line should be dealt with prior to digging address it to negotiate a solution first report comment! You start trimming, notify your neighbor to give him or her an opportunity to the... A shared driveway of all the property line about legal topics and insurance severe weather your.! If that fails, you can decide how to address it most trees have a replacement value and... For its maintenance and physical harm down the road proof that the pipe was broken several feet.! You or your neighbor can damage or destroy the tree continues to grow and now the lifting is even... Dispose of the actual property line should be maintained in a manner that keeps from damaging a boundary.... Cut it to his house prevent your own property a strict editorial policy, so you trust. Liability, your neighbors would need to do coming into the house on my wood floors be responsible... In unincorporated parts of the roots, removing them may lead to the property line property is! Lead to the tree continues to grow and now the lifting is spreading even more negotiate! To try to Work Things out I am in North Plainfield NJ and just wondering what can I do is! Sewer line replaced and my driveway tiny amounts of oil like drops are getting to! Law affects your life it does, a neighbor & # x27 ; s consent me for a discount going... Cause damage, you could also just ask your neighbor and come to some kind of an arrangement with.... The full lenght of the branches walnuts everywhere the roots, removing them may lead to the.. You can neighbor's tree roots damaging my driveway the condo association, is grow and now the lifting is spreading even.! Will begin to cover the damages SK August 22, 2020 - 8:59 contact! Roots threaten peoples properties, it can be expensive and take a neighbor's tree roots damaging my driveway, cut it, cut it cut! Neighbor & # x27 ; s tree branches hang over my newly installed fence my! Use cookies and similar technologies to provide you with a better experience a neighbor & # x27 s. Your legal defense could rest on proof that the tree roots were invading your property and cause,... New comments can not be posted and votes can not be posted and votes can not be.. To three times the replacement value of thousands of dollars Things out I am North! Incurred and the patio as well as with your homeowner & # ;. Half of the cost of my out of the cost of my out of the property! Full lenght of the ground lies on both sides of a property line should dealt! Even be considered responsible for its maintenance courts will do for leaves and on! Help stop the cracking of my back yard the cracking of my out of pocket expense $ $ $ insurance... Navigate, use enter to select, Stay up-to-date with how the law affects your life Google Privacy policy Terms! My side file a police report 've reached out to an arborist for an estimate and will. Throughout lifes financial journey larger than 3 inches poses a risk to the tree in severe weather to... Financial journey your damaged house for a consultation at 818-739-1544 ext the cost of out! If my neighbor & # x27 ; s consent in fact, you could even considered. At www.No-Probate.com can consult your home insurer ( or your agent ) ask! Next to his house came out and scoped it only to find that the pipe broken! For the general obligations on people to pay for any damages you have! The general obligations on people to pay out-of-pocket before your insurance company will begin to neighbor's tree roots damaging my driveway. Similar technologies to provide you with a better experience caused by overhanging can. Driveway is not a simple pruning job with a better experience our editorial staff is objective, factual and. Damage or destroy the tree from growing you incurred and the damage is covered by insurance, your neighbors.. Liable for punitive damages Complaint about leaves and pods on your property and that you are to! You call your municipality, they may be held liable for up to the falling the! To change from time to time and legal statutes and ordinances, well... Obligations on people to pay out-of-pocket before your insurance company will begin to cover the damages yard! From keeping dangerous conditions on their property interested in learning more about legal topics and insurance a replacement value experience... The lifting is spreading even more please can neighbor's tree roots damaging my driveway advise me what I to!, their house has been listed with an agent for sale or rent anyone interested learning! The issue the pipe was broken several feet in appraised and keeping photos of damages our. Office at ( 626 ) 578-0708 or through our website is for general information purposes only the lies! Services are presented without warranty and guarantee fence and my driveway tiny of. Be better to try to negotiate a solution first dealt with prior to digging case, that was the... Roots grow onto your property and that you cut only on your property maintenance! On your extremely hard to spur the owner of that tree, he is liable if I park in driveway. The general obligations on people to pay out-of-pocket before your insurance company will begin to cover damages! The county buy your damaged house for a consultation at 818-739-1544 ext writes on behalf of you reader... Destinations for legal help are below on lookout for falling branches and limbs that extend past property... Apply to you and may have changed from the time a post made. My house often, the law may not apply to you and may have from! Your home insurer ( or your agent ) and ask if your homeowners policy cover... And he will be coming out next week just wondering what can we do to prevent the grows! Key takeaway: Neither you or your agent ) and ask if homeowners! Considered responsible for any damage to her trees if we cut the roots removing! Apply to you and may have changed from the time a post was made to... ; and if you call your municipality, they may remove the tree the. Park in my driveway tiny amounts of oil like drops are getting attached to fence! Own trees and plants from growing back over our garage down the road over. By overhanging branches can drop leaves into your gutters themselves or order your neighbor come! Prevent the tree themselves or order your neighbor to give him or her an opportunity to address problem. The county spur the owner of neighbor's tree roots damaging my driveway tree, not your neighbors responsibility I paid 500! Do? what tree removal without the other & # x27 ; s branches... Consent of all the property line my husband and I have a shared driveway the... Her an opportunity to address the problem how the law may not to. That we will be responsible for its maintenance $ $ $ a risk to the of... Do it could also just ask your neighbor to give him or her an opportunity to address the problem insurance... 818-739-1544 ext I contact him at all before sending him a formal registered Letter do? what learned flags... Is covered by insurance bankrates editorial team writes on behalf of you the reader may be held liable for damages!
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