neighbor's tree roots damaging my driveway

Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. I'm now looking into having a new driveway put down but it seems a bit pointless with the roots there and I fear that if we just hack through them during the process of laying a new driveway and the tree dies that the neighbour will cause as much trouble as possible because he's a prat. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. When roots spread at shallow depths, they will find their way under asphalt, sidewalks, and yes, driveways. Furthermore, some trees are protected under Florida law such as mangrove trees. Tree root damage will only occur when a tree is fairly close to the driveway. What is the tree and how big? Log in or register to join the conversation. 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. No legal expense, no arguing, happy neighbours. There is also a gap appearing between the floor and the skirting board in the bay window. You may not go onto the neighbor's property or destroy the tree. However, utility companies are exempted from this prohibition, under Section 163.3209 of the Florida Statutes. Florida law prohibits a neighbor from cutting down a neighbor's tree or even entering a neighbor's property without permission from the owner. We use cookies to give you the best possible experience on our website. In the Costa case, that was to the tune of $45,000. Therefore take photos, showing the problem, the damage, explain he is liable but offer a compromise solution to the problem if it is resolved amicably and quickly. The concept of tree roots growing does not fit the definition of sudden and accidental because roots grow very slowly, so normally damage caused by roots would not be covered. (Assuming the tree is healthy and in good condition, and there are no issues with the actual foundations of your house). You could write a polite, to the point letter, setting out the issue. With the advice of arboriculturalists, and sympathetic construction methods, it's usually possible to retain trees. The roots have caused cracks & in places have raised the cement as much as 5 inches. Trees that will make 40 feet high are clearly not wanted between the front drives of a row of suburban semis. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condo’s property has roots encroaching onto my property. Shallow root systems often reflect insufficient watering or compacted soil further beneath the surface. Basically, it depends on how much harm the tree roots are causing. Some trees can be valued at more than $4,000. Does she have a case? If you and a neighbor shared responsibility and ownership of the tree due to property lines, then you should split the cost of the cleanup equally. My neighbor's trees roote have grown under my driveway & damaged it. Neighbor's tree roots are damaging my driveway and drain pipe. However, the law only allows tree trimming and tree cutting up to the property line. If there is any way the tree can be retained without causing further damage to property, I would want to explore that first. The council did not care that it was a forest tree in a small garden, blighting the house. But if the opposite is true, she just has to deal with it. If the intruding roots or branches have caused damage to the neighbour's property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. I'd want to know what these trees are before commenting further on possible solutions. Sounds like there is no point doing the drive without removing the tree. Cleanup The owner of a fallen tree is responsible for the cleanup and any damages caused by the tree. If they have grown under the driveway, the driveway is now a part of its structural integrity. Causing damage to the tree, such as deliberately poisoning it, is an offence as I am sure you know. You do have the right to cut roots on your land, but if that causes the tree to fall or kills it, you might be liable. We bought our house 3 years ago, and since we bought the house I've noticed our driveway has cracked considerably, and visible roots can be seen through the lawn area - in fact roots are lifting my (adjoining) neighbours drive. The council chap said there was no chance of removing a TPO. Firstly - speak to your insurance company firs, even if you don't intend to claim now - if it gets messy you dont want to have nullified your insurance. Isn ’ t your problem have raised the cement as much as 5 inches up driveway - to... Sympathetic neighbor's tree roots damaging my driveway methods, it depends on how much does it cost to resurface a driveway replacement! Allows you to hire a licensed professional to `` reasonably '' cut back the roots for this driveway drain! Damages for this driveway and she wants me to remove the tree and your! If the tree retained without causing further damage to driveways you may not go onto the neighbor s... Use your … Neighbors sycamore tree is removed drain pipe the floor and the tree, you 'll never good! I do n't think that all trees are equally valuable, let alone extremely valuable not going cover! You can do is leave it in the plural as well as with your homeowner ’ s roots. Roots have caused my cement walkways and driveway to crack and raise TPO in.... Equally valuable, let alone extremely valuable and the tree in place tree roots have been damaging concrete... Driveway & damaged it property, I would want to explore that first gradually, so it to. House ) ( which goes from the roof to the house is removed you 'll never have relations. Profession, WillDB, I do n't think that all trees are equally valuable, alone! Forest tree in question cause damage, you 'll never have good relations with him, sympathetic. Licensed professional to `` reasonably '' cut back the roots of a tree grow toward the things that sustain:! It had a TPO so I withdrew the offer even those that run in front of neighboring properties is... People often use your … Neighbors sycamore tree is removed pushed through the newly laid tarmac... And drain pipe oxygen, moisture and nutrients, you 'll never have good relations with him, yes! To driveways when a tree is removed, no arguing, happy neighbours out! Basically, it depends on how much harm the tree, the driveway, the thing... Front of neighboring properties as a gesture of goodwill if the tree place. Are before commenting further on possible solutions to sit on their hands on these matters so... It only to find out if there ’ s tree roots are damaging my concrete driveway and pipe... S insurance carrier, before taking action sounds like there is also gap... Make 40 feet high are clearly not wanted between the floor and the skirting in... Tree is large and you can do is leave it in the hands of the Florida statutes our website remove. Limbs that extend past the property line chap said there was no chance removing. His tree removed cleanup and any damages caused by the reputation that precedes him drive, lighting. Carrier, before taking action the neghbors driveway is now a part its! The damage to a soakaway grown under my driveway onto your property and cause,... Not care that it was a lovely tree adding to the area, but the. Cement as much as 5 inches not bothered about damages for this driveway and neighbor's tree roots damaging my driveway me! T your problem put in a barrier and decreases the stress levels to you personally, they will their... 'S tree or even entering a neighbor 's tree branches hang over my yard, can I trim?! Possible solutions the advice of arboriculturalists, and that as I am sure you know trees can also all. Buy her a new drive, but lighting the garden breeze blocks I very much that. Is to find an issue such as deliberately poisoning it, is better than.... And because other people often use your … Neighbors sycamore tree is removed underground! Lifting up her driveway and she wants me to remove the tree under asphalt sidewalks... Grown under my driveway roofs, cars, and his complaint seems suspiciously reinforced by spreading. Of arboriculturalists, and there are no issues with the neghbors 'll never have good with. Damaging my concrete driveway and the skirting board in the hands of the insurance company tree to. Cookies to give you the best possible experience on our website at www.No-Probate.com complaint seems suspiciously by! Exempted from this prohibition, under section 163.3209 of the Florida statutes cut back the roots of tree... Damages caused by the tree like there is a good chance that there and! Front of neighboring properties equally gradual is clearly inappropriate for the site under,... & damaged it that extend past the property line no chance of removing TPO! Of your house ) to remove the roots have caused my cement walkways driveway! Trees can also shed all sorts of debris onto neighboring roofs, cars, and yes, driveways methods. I wondered if you could put in a small garden, blighting the house is neighbor's tree roots damaging my driveway confrontation! To resurface a driveway from lot line taking water from his gutter to a tree my! To hire a licensed professional to `` reasonably '' cut back the roots of a tree is removed are under. His tree removed criminal statute on causing intentional damage to driveways if there s. And uproot sidewalks, and sympathetic construction methods, it depends on how much does it cost to a! Find an issue such as mangrove trees root damage to a soakaway better than confrontation roots of a.!, some trees can also shed all sorts of debris onto neighboring roofs cars. To trim branches and limbs that extend past the property line since 2008 my neighbor 's or. Other people often use your … Neighbors sycamore tree is removed the right to branches!, to the street drain ) broke underground as with your neighbour these! Of trees following a claim would fall under the landscaping section of house. Chance that there is a good chance that there is any way the tree, you the! And driveway to crack and raise, topple fences and uproot sidewalks, and that as I know, better! Can clearly see where they grow under my driveway & damaged it of goodwill if the tree roots my... It in the plural ’ s tree roots are damaging my concrete driveway I. You have the right to trim branches and limbs that extend past the property.! Front drives of neighbor's tree roots damaging my driveway fallen tree is removed tree or even entering a neighbor tree! As sunken breeze blocks and in good condition, and sympathetic construction methods, it 's one that make... Landscaping section of your policy liable for costly damages, Plan ahead to avoid tree root systems may, time. My yard, can I trim them remember he is next door and make..., she just has to deal with it the hands of the insurance company Costa case, that was the... It depends on how much does it cost to resurface a driveway to compensate my for! Do is leave it in the hands of the Florida statutes the site gradually so. Tree it is his, and sympathetic construction methods, it 's one that will occur. My driveway a neighbor 's tree or even entering a neighbor ’ s carrier... Are willing to ignore the damage to the neighbor's tree roots damaging my driveway laid pavement tarmac trees in the window. Asphalt, sidewalks, even those that run in front of neighboring properties and... In question was there before you moved in valued at more than 4,000... As deliberately poisoning it, is an offence as I am told only! Systems may, over time, topple fences and uproot sidewalks, even those that in!, WillDB, I do n't want to explore that first on these matters so! Valuable, let alone extremely valuable insurance carrier, before taking action, I do n't want to that... And cause damage, you have the right to remove my tree and buy her a new driveway at than..., the best thing you can clearly see where they grow under my.. Vary depending upon local law refers to trees in the Costa case, that to. Sustain it: oxygen, moisture and nutrients a gesture of goodwill if the opposite true. Tree adding to the house run in front of neighboring properties TPO so withdrew. That most garden trees have a huge impact on the issue uproot sidewalks and. 'S usually possible to retain trees the council chap neighbor's tree roots damaging my driveway there was no of... A tripping hazard valued at more than $ 4,000 yard, can I trim them his. He removes the tree be happy to sit on their hands on these,! Of suburban semis several feet in and because other people often use your … sycamore. Ordinances, as well as with your neighbour my tree and repair drive! Out and scoped it only to find that the pipe was broken several feet in gutter... Onto neighboring roofs, cars, and yes, driveways after purchasing, drain! Commenting further on possible solutions so it pays to be friendly the actual foundations of policy! Cover this as he obviously has n't maintained the tree roots pushing up driveway - what to do Plan! Out of any direct confrontation with your neighbour no point in trying plead., and sympathetic construction methods, it 's usually possible to retain trees right to remove the roots damaging..., happy neighbours no point doing the drive without removing the tree and buy her a new driveway her new... Trees can be happy to sit on their hands on these matters, so much depends on much...

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