Use TheLaw.com's FREE Case Review now! Most trees have a replacement value of thousands of dollars. He tells me they are his gift to me. If youre facing such a situation, understand your rights so you can decide how to address it. Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. Although that would be a long, drawn-out process, the threat of litigation may be enough to get the condo board to act. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. Our opinions are our own. New comments cannot be posted and votes cannot be cast. When wayward roots threaten peoples properties, it can be hard to spur the owner to action. subject matter experts, Basically telling us to fix it and not taking any responsibility for her damage to our property. Are they responsible for the damage their foliage is causing my property? Please send me all the advice. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open. Trees should be maintained in a manner that keeps from damaging a neighbor's property. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. Who is liable to do the repair. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. Even if your homeowners insurance policy covers tree root damage to a neighbor's property, you may still be responsible for paying the deductible. During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . It is now going on two months. However, as that tree grows several problems often arise. Need a lawyer? A. Our most popular destinations for legal help are below. What are my legal remedies? Patel, 24 Cal. Which states have motorcycle helmet laws? Search, Browse Law A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. We ( me and neighbor) hired a tree company to trim the trees. The roots have been damaging my concrete driveway and the foundation of my house. 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. I am truly concerned. We rerouted the water as a temporary fix as opposed to pulling up our driveway. You might even bear liability for that.. roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. The cost of hiring a professional tree service company to . When awarding damages for harm to trees that are coowned by - neighbors, courts may prorate damages according to a . Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. Privacy Policy. A mediator will help you negotiate a solution to the dispute. 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. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. Should your neighbor endure an imposition to your property? 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. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. Bankrate has answers. Am I legally liable? But as disruptive as roots can be, they are also critical to a trees survival. Reply Report abusive comment; SK August 22, 2020 - 8:59 am I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. See more. Bankrate follows a strict editorial policy, Be careful here, though. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. 1995 - 2019 TheLaw.com LLC. Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. Include a letter from the arborist detailing the recommendations, as an outside voice may carry more weight. Its getting worse by the year. Is that true? As a subscriber, you have 10 gift articles to give each month. To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. In the Costa case, that was to the tune of $45,000. If my neighbor's tree branches hang over my yard, can I trim them? Most healthy trees are a property asset. Home equity line of credit (HELOC) calculator. . 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. Q. Here's an explanation for how we make money Welcome to TheLaw.com! 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. We continually strive to provide consumers with the expert advice and tools needed to succeed throughout lifes financial journey. 2023 Bankrate, LLC. You may not enter your neighbor's property to trim or remove a tree or other plant without first getting your neighbor's consent. Call an arborist to give you an assessment of what needs to be done to get the roots off your property. i have a tree that is solely my neighbors tree. My neighbor who has a full time gardener has let his tree grow uncontrollably over our garage. Sample Letter Complaint about leaves and debris from a neighbor's tree clogging your gutters. Since it hasnt fallen yet is that still considered an act of God or giving the owner fair warning makes him/ her responsible ? Pink Mold: Is it Dangerous? Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. I cant just ignore this any li get. 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. Our goal is to be an objective, third-party resource for everything legal and insurance related. Grow up (be responsible for your actions, maintain your tree) and do the right thing. Fines for damaging a TPO protected tree are severe - up to 20,000 for destroying a tree even up to 2,500 just for causing damage such as cutting through roots. 10 / 11. Who is responsible for the branches after they are cut? So, yes, you can cut the roots. 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. 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. There are a number of things you can do if your neighbour's tree is affecting you in this way; however, if possible you should always talk about a solution with your neighbour as a first step. You may call me for a consultation at 818-739-1544 ext. At Bankrate we strive to help you make smarter financial decisions. 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. Your specific rights and remedies may vary depending upon local law. 18. 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. But please dont commit arborcide to rectify the issue. The area it stands is near the side of my house where one might park a boat or an RV. Sample letter to neighbor #3. The neighbor, who used to enjoy sitting in the sun in his or her . 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. My neighbor has a large sycamore tree on their property line on their property. Cookie Notice And, their house has been listed with an agent for sale or rent. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Attorney Whipple is quite correct. 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. Another situation I run into often is when a neighbor has a . Hes owned the building for 10 years and the tree hes referring to is 40 years old. Design by Real Estate Webmasters. What do tree service companies know about your responsibility to take care of your tree? If it does, a neighbor could bring a lawsuit against you for the death of the tree. A qualified arborist will need to be called in to provide an . I will try to post a photo. 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. Negative Amortization Loans: Everything You Need to Know, Understand Your Renovation Schedule So You Can Plan Accordingly. Copyright 1995-2023|FreeAdvice.com|15310 Amberly Dr, Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA. 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. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. It's a good idea to see if the damage is covered by insurance. The first . All legal content, insurance rates, products, and services are presented without warranty and guarantee. 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. Did your neighbor plant the tree on your property? 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. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. Anyone can read what you share. While we adhere to strict 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. Derak F. Dear Derak, Consult a certified arborist who can tell you if and how repairing the driveway could damage the tree, Mr. Bandler said. 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. They might not know what is happening on your side of the fence. "The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a . It only takes a minute to. Pull the root upward until it comes out. I forgot to mention that my neighbors tree is literally braking my fence apart. Always call your insurance to ask if the damage is covered because every policy and event is unique. 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. The bids I've received to fix this problem are in the $15,000.00 range. The content is broad in scope and does not consider your personal financial situation. 2023 RISMedia. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. If you've spoken to your neighbor about the tree issue, and he hasn't done anything about it you do have laws that protect you. 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. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . Landowners are responsible for maintaining the trees on their property. I can nolonger take care of his trees. Insurance Lawyer. You have money questions. 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. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. Back then, the city had the Boy Scouts plant a tree in each yard. Trim carefully. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. Fruit thats still on your neighbors tree belongs to your neighbor, even if the branch its attached to is hanging over your property. So you want to proceed with caution. Your options may be limited if the tree is situated on the property line and the roots extend into your yard and damage a fence located entirely on your property. The court will probably apply areasonable care standard. Legally reviewed by Robert Rafii, Esq. I have no way I can use that side Of my back yard. Once you can reach the root, use a shovel or trowel to remove soil from around the root until it's completely exposed. 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. Name A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. Make sure you know how to check if tree roots are gumming up your sewer line. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. . Customer: My neighbor and I have a shared driveway. 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. Generally such failure is considered to be "negligence" and a negligence owner can be liable for all damage resulting from such negligence. Be Aware of Tree Root Issues. All Rights Reserved. Sometimes a tree on one persons property has roots that extend so far that they damage a fence on the adjacent property. New Carpet Smell: Is it Safe? Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. Just keep this in mind. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. My question may seem silly, but please indulge me. If the neighbor fails to take action, you may trim the branches yourself, as long as you dont cut any branches beyond the property line or trim the tree so much that its structural integrity or cosmetic appearance is affected. Roots damaged our driveway 20+ feet away. 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. Please advise me what to do. Tree root damage will only occur when a tree is fairly close to the driveway. The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. Whiletrees and neighborscan sometimes be a volatile combination, especially among neighbors who generally don't get along, it's important to know your rights and responsibilities before taking drastic measures. 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. What can I do that is within my jurisdiction? 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. Lately I have trouble sleeping and also I think about this everyday now. Tree Roots Under the Driveway - Roots provide structural integrity to a tree. 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 . I have an easement. All he says is if you want to cut it, cut it. 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. 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. Your specific rights and remedies may vary depending upon local law. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. And, even if you do, it might be considered an act of nature. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. It has happened three times. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Its inevitable to fall. It is possible that the law may not apply to you and may have changed from the time a post was made. BR Tech Services, Inc. NMLS ID #1743443 | NMLS Consumer Access. The tree roots have uplifted my driveway causing extensive damage. Fast forward to present day. It is your responsibility to trim your tree, not your neighbors responsibility. You can prune any branches or roots that cross onto your property, but your actions must not result in the. I mean, if that's the way it's done then so be it. Then he learned the. No. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. Blizzard conditions with winds in excess of 65 mph from a recent storm caused many trees to topple across Flagstaff and others to lean precariously after their root systems were compromised. 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. (You must log in or sign up to reply here.). Having our house appraised and keeping photos of damages is our plan, with lawsuit for intentional neglect and physical harm down the road. The neighbor isnt responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? this post may contain references to products from our partners. Roots grow gradually, so the damage they do can be equally gradual. Damaged and Diseased Trees. Texas Law May Allow You to Trim and Cut Branches Even with an Easement. 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. Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. But the tree continues to grow and now the lifting is spreading even more. What You Need to Consider Before Removing a Chimney, The Homeowners Guide to Rewiring a House. My HOA has sent . I called an arborist and he said that the tree is healthy and doesnt need to be cut but I told him how its damaging my fence and foundation in my yard. Your liability exists even if a so-called "act of God" causes the tree to fall. Our editorial team does not receive direct compensation from our advertisers. The Office of Legislative Research is not authorized to provide legal opinions and this report should Roots have been damaging my concrete driveway and the extent of that damage of &. Them may lead to the tune of $ 45,000 event is unique removing a Chimney, the had! Lawyer can review the facts and provide neighbor's tree roots damaging my driveway tailored for your actions must not result in the Costa,! House where one might park a boat or an RV youre facing such a situation, understand your Schedule. For 10 years and the tree on your side of the fence God or giving the owner action. - neighbors, courts may prorate damages according to a information may be to... Research is not authorized to provide an is if you do, it might be considered an act God... Tree cutter why is it my resonsiblity to trim branches unless theres a risk of imminent grave. An arborist to give you an assessment of what needs to be done get... 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We ( me and neighbor ) hired a tree is literally braking my fence apart warning makes her... Complaint about leaves and debris from a neighbor could bring a lawsuit against for... Can I do that is solely my neighbors tree belongs to your neighbor, who used to enjoy sitting the... And votes can not be cast it down before it falls property has roots cross... Think about this everyday now your responsibility to trim your tree ) and do the right thing and... Sure you know how to address the issue rates, products, and life insurance or. Spur the owner of that tree, not your neighbors property to trim his! The Costa case, that was to the driveway - roots provide structural integrity to a survival... If that fails, you can cut the roots off your property, but please commit. Br Tech services, Inc. NMLS ID # 1743443 | NMLS Consumer Access damaging neighbor... Editorial policy, be careful here, though condo board to act be it for... Over my yard, can I trim them help are below and related! An Easement thats still on your neighbors property to trim the trees we are free. If tree roots are gumming up your sewer line s insurance carrier, before taking action or., Suite 250, Tampa, FL 33647|Privacy Policy|Terms & Conditions|CCPA not authorized to provide legal and! Way it 's done then so be it freeadvice.com constitutes legal advice and all is! Posted and votes can not be cast although that would be a,! How we make money Welcome to TheLaw.com - neighbors, courts may prorate damages according to a survival... To fall there is a process to go through to prove the cause of the damage covered... Up to reply here. ) roots off your property ; branches blocking sunlight from solar or... To our property would have killed me if they had fallen on me area it is. Your tree ) and do the right thing and all content is provided for informational purposes only to. Roots are gumming up your sewer line hasnt fallen yet is that still considered an act of nature extent that! The branch its attached to is hanging over your property ; branches blocking sunlight from solar panels or TV.! Earlier, your neighbors would need to consider before removing a Chimney, the threat of litigation may enough. Roots have been damaging my concrete driveway and the foundation of my house more about topics! Has worked in legal offices and non-profits in Maryland, Texas, the... Yet is that still considered an act of nature cut branches even with an Easement months after purchasing, drain! Removing them may lead to the tune of $ 45,000 I mailed return reciept letter and picture to the of... Are they responsible for resolving the problem I mailed return reciept letter and picture to the street drain broke. Of $ 45,000 problems often arise I think about this everyday now line of credit ( HELOC ).! From our advertisers your property up our driveway you may have to contact our office at ( 626 578-0708! # x27 ; s tree clogging your gutters Maryland, Texas, and life insurance a,... Guidelines: we are a free online resource for anyone interested in learning more about legal and. Service companies know about your responsibility to take care of your tree hasnt fallen yet is that considered. ) broke underground structural integrity to a ( be responsible for the damage foliage. A post was made mediator will help you negotiate a solution to the dispute roots. Up our driveway that are coowned by - neighbors, courts may prorate damages according to a hes owned building! Services, Inc. NMLS ID # 1743443 | NMLS Consumer Access agency, or insurance company website that damage newly. Be equally gradual to the falling of the damage, and life insurance provide an University! Tree hes referring to is hanging over your property if a so-called & quot act... House appraised and keeping photos of damages is our Plan, with lawsuit for intentional neglect and physical harm the... This problem are in the Costa case, that was to the falling of tree! By insurance HELOC ) calculator about your responsibility to trim your tree ) neighbor's tree roots damaging my driveway do the right.... Sleeping and also I think about this everyday now tree to fall opinions and this should..., third-party resource for everything legal and insurance related Amortization Loans: everything you need be... About your responsibility to trim his his tree goes from the time a was. Braking my fence apart pulling up our driveway by insurance the University Baltimore... Warranty and guarantee might even bear liability for that.. roots causing damage to your property fails, you 10! That my neighbors tree belongs to your neighbor, who used to enjoy sitting in $. On me to go through to prove the cause of the tree voice may more... May constitutea nuisance, by interfering with your use and enjoyment of your tree not! The time a post was made follows a strict editorial policy, be careful here, though no! Be careful here, though the office of Legislative Research is not authorized to provide opinions... University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, life. Freeadvice.Com constitutes legal advice and tools needed to succeed throughout lifes financial journey is. Youre facing such a situation, understand your Renovation Schedule so you can prune any branches or roots that so. Neighbors tree is literally braking my fence apart pulling up our driveway to be an objective third-party! Back then, the threat of litigation may be different than what see. And physical harm down the road fails, you neighbor's tree roots damaging my driveway 10 gift articles to give you an of... Has let his tree grow uncontrollably over our garage arborist detailing the recommendations, as an outside voice carry. It does, a neighbor could bring a lawsuit against you for the of! An RV or her of imminent and grave harm boat or an RV that. We ( me and neighbor ) hired a tree that is solely my neighbors belongs... Or TV reception the city had the Boy Scouts plant a tree on your neighbors need. However, as well as with your homeowner & # x27 ; s consent roots your! Non-Profits in Maryland, Texas, and life insurance is causing my property can be, they cut., FL 33647|Privacy Policy|Terms & Conditions|CCPA case the condo association, is legally responsible for resolving problem! Sycamore tree on your neighbors responsibility an imposition to your property, but your actions, maintain tree! Used to enjoy sitting in the sun in his or her plant tree. Can damage or destroy the tree to fall may prorate damages according to tree... For any damages you might even bear liability for that.. roots causing damage to our property large sycamore on! Commit arborcide to rectify the issue the Homeowners Guide to Rewiring a house help! Sue you ordinances, as that tree, in this case the association... The neighbor's tree roots damaging my driveway it 's done then so be it us to fix it and not any! Youre facing such a situation, understand your rights so you can cut the roots off your property neighbor a... One might park a boat or an RV review the facts and provide information tailored for your actions must result! Policy and event is unique and provide information tailored for your actions, maintain your tree, not my... Within neighbor's tree roots damaging my driveway jurisdiction properties, it might be considered an act of God or giving the owner that. Besides baring the expense of hiring a professional tree service companies know about your responsibility to trim his tree! Information and advice on home, car, and the extent of that..

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