my tree roots my neighbor's property

This FAQ page from self-help legal publisher Nolo discusses how to determine who owns a tree. I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. Can you cut them back to their side? If negotiations short of filing suit don’t work, you may not be allowed to recover your attorney’s fees unless you can point to a clause in your HOA’s CC&Rs allowing for them for your neighbor’s breach in permitting his tree roots to grow into your property, after due notice by you to him/her of the violation and his/her failure to cure it. I have a question about tree roots. Trees growing on your neighbor's side of the property lines around your home can cause problems for your lawn grass … Trees growing on your neighbor's side of the property lines around your home can cause problems for your lawn grass in several ways. If you’re breaking the law by refusing to trim your tree, the results may be more than a bad relationship with your neighbor; you may find yourself in court if your neighbors sue you for interfering with the use and enjoyment of their property. I have a maple tree (~ 24" around) around 3 feet from my property line. Make sure you know how to check if tree roots are gumming up your sewer line. Neighbors tree roots damaging my property. Patel claimed the roots had started to damage concrete around his property. But there are several more subtle ways in which a tree can damage a neighbor’s property or real estate. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. The tree is about 20 inches in diameter and a very healthy tree (we had an arborist check it out while pruning it 2 years ago). Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. I don’t know how much you know about different types of trees, but mulberry trees have roots that go deep and cover a good deal of space under the ground. A good place to start is the Legal Research area of Nolo's website. My neighbor keeps threatening me that she will sue me for a new driveway because a tree in my back yard is breaking up hers up. Your neighbor. If you don't get help from these sources, and the neighbor refuses to take action, you can sue. I own a 3.5 story tree that is within 15 feet of the sewer line. The roots have started to lift up some underground pvc water pipes and also have gone under the pool pump that sits on a small concrete slab nearby. Answer: If your neighbor’s property is damaged by your tree, then he should file a claim with his insurance company. The tree roots have uplifted my driveway causing extensive damage. The attorney listings on this site are paid attorney advertising. If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. 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 problem, and stopping the loss of your home’s market value. For example, a phone company will trim a tree that hangs menacingly over its lines. Sometimes, no matter what the law dictates, it's better to spend money to fix a situation instead of paying the same money to a lawyer and losing a neighbor. It is about 10 feet from the boundary with my neighbor’s lot. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. Q: The roots of an oak tree that is partly on my property, but mainly on my neighbors' property, are growing under my driveway and causing it to heave upward. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. 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. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbor’s trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. Some cities will even remove such a tree for the owner. Can I trim the branches of the neighbor's tree that hang over my yard? But you should hire a professional tree service to do the work , to assure a quality job that keeps your tree healthy and aesthetically pleasing. If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done. My wife and I own a home in Suisun City and the tree roots from our tree are growing into the next-door neighbor’s yard. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. My neighbor's tree looks like it's going to fall on my house any day now. Large fig tree growing against the fence and roots are cracking my foundation. Last week my neighbor discovered damage to her sewer line. Hi all, My Neighbour’s tree roots are on my property. Do you like these neighbors and want to keep a good relationship? CanI legally cut the roots? It’s on her side of the property, but its roots extend into my yard underground. The basic rule is that someone who cuts down, removes, or hurts a tree without permission owes the tree's owner money to compensate for the harm done. Instead, the neighbor can go ahead and trim the tree himself. What is my responsibility to my neighbor if a tree on my property is causing damage to her driveway? The neighbor owns the tree. What is the legal position if a neighbour's tree is blown over in a gale and destroys my garden shed and everything in it?The replacement cost of the shed and contents would be about £500-600. Some trees can be valued at more than $4,000. Also, upon your learning of the roots’ encroachment into your property, legally you must disclose it in writing to a prospective buyer, which may render your home unmarketable, preventing you from selling it unless and until the encroaching tree roots have been killed. if the tree is on my neighbors property and the roots will impact my structure in the future, who is liable for the damage. If I have more questions about the trees on my property or my neighbor's property, what should I do next? There are some things to consider if you have a problem with a tree on a shared property line: A neighbor may sue only if the tree is "noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous. A 2008 article from Texas A&M Agri-Life Extension which briefly discusses the issues a landowner may face with a neighbor's encroaching tree branches, roots or grass. If you would like to contact Peter Wittlin or are in need of legal representation, please fill out the form below to request more information. I know in California, I cannot cut the roots on my side, or I will be liable if the tree falls on his property and causes any damage If you need legal help here, call me. They say we are responsible to have them removed. In some states, however, neighbors may sue under certain conditions, including: In many other states the law is unclear. She is being uncooperative. My neighbor's tree-roots are destroying my driveway. How to Find Local Ordinances and State Laws, Homeowners: Taxes, Improvements, and More. Am I entitled to compensation for the tree? In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. I wonder if it’s the same landlord. Most of a big tree hangs over my yard, but the trunk is on the neighbor's property. You can sue to enforce that right -- but you probably won't have to, once you tell your neighbor what the law is. You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down. Gus: I have a neighbor and he has five huge oak trees in his front yard, and I live next door. If the tree damages his house … It cost me about 700 bucks every time they come and redo the pavers. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. This disturbed me as if it were to fall, it will do some considerable damage to some landscaping in my yard. who is responsible for repairs to my property? So, it’s important to try through your legal counsel to negotiate a settlement with your neighbor as soon as possible to avoid these inherent costs. Your tree is damaging your neighbors property. Advertisement Story continues below My neighbors tree is cracking my foundation. My new neighbors have brought up a concern over a walnut tree growing near our property lines. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. "Serious harm" generally means structural damage to property, for example damaged roofs or walls, crushed pipes, clogged sewers, or cracked foundations. Second opinion] Hello. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. Who owns the tree? If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. For a while now, he's been pulling up his cement tiles? I have read the disclaimer privacy policy. Can My Neighbor Come on My Yard? He may be also be reached at pwittlin@gmail.com. You'll probably have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger to you. If so, you would be liable for up to three times the tree’s value, which the Department of Natural Resources determines, under the Wrongful Tree … It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. But you may not go onto the neighbor's property or destroy the tree itself. The only nuisance we ever had from this tree was regarding its leaves. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. If … Second opinion] Hello. The contractor charged over $12K to completely replace the line from the street to the house. I have a Norway maple on my property with roots going underground onto my neighbors property. My neighbors tree roots is destroying my property. If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. In some states, the information on this website may be considered a lawyer referral service. I live in a semi detatched and share a driveway with my neighbours. My neighbor's tree roots are growing into my back yard and breaking cement on my property. She said it is lifting up her driveway and she wants me to remove my tree and buy her a new driveway. In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. If you want to trim overhanging branches of your neighbor’s tree, it is always best to ask for permission out of respect, even though you don’t really need it. Some cities have ordinances that prohibit maintaining any dangerous condition -- including a hazardous tree -- on private property. Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. If the fallen tree or limbs were the fault of a natural occurrence or an Act of God, the property owner is not generally held responsible for the damage. But when your neighbor’s tree falls on your roof, you’ll care—and want to know whose homeowners insurance will pay. You don’t want to pay for the damage. You may be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor’s property), violates any height limits or view ordinances, or straddles the property line. What's the cost of the damage to the neighbors' septic system? If my neighbor’s tree roots are encroaching on my property, what are my rights? In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. Its enough to just damage the health of your tree. You don’t want to cut down the tree. If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild.". My neighbor is having paving done and the pavers are chopping out underground roots maybe about 5 to 6 feet from the base (on their side of the property), but they are … Be Aware of Tree Root Issues. and hacking away at my tree's roots that have gone onto his side. Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated. My communications are being ignored. Your specific rights and remedies may vary depending upon local law. Pete is the 36-year Editor of the “Real Estate Law Update,” which he writes monthly for the 300+ members of the OCBA’s Real Estate Law Section, summarizing important real estate appellate case decisions, and annually legislative developments. Yards where homes were built on them more than 20 years ago may lack a “root barrier” between their trees and your property, such that over time as the trees have grown, their roots have invaded your property, either causing or threatening to cause damage to your hardscape, e.g., to your cement structures, or threatening to damage your home’s foundation. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. If necessary, you can sue to enforce your rights. Q: The roots of an oak tree that is partly on my property, but mainly on my neighbors' property, are growing under my driveway and causing it to heave upward. This is in the state of New York. “My neighbor’s tree has branches crossing over my fence. What rights do the tree’s owners have? Courts give great deference to private property lines in the U.S. What are my … Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. You have the legal right to trim tree branches up to the property line. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. I know in California, I cannot cut the roots on my side, or I will be liable if the tree falls on his property and causes any damage What of the neighbor whose yard is a … It is definitely doing damage to my front wall and garage. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. For example, your neighbor has the legal right to trim branches of your tree if they hang over the property line. And while you’re at it, can you cut all the roots that are in my lawn?” If I had a dime for every time someone asked me that question, I’d be the better looking version of Bill Gates. Local law stands wholly on the neighbor 's yard, and how critical those roots are gumming your... If they hang over my yard enter their property n't get help from a utility,. Laws to locate your city 's laws and policies on trees in its way ask the to... Is wholly in the neighbor ’ s property or my neighbor 's yard, it do! Your tree is planted to your state as they are claiming they think the roots from my tree share. Your arborist can do my neighbors trees bordering it on the condo ’ s owners?! Letter letting the owner of the Terms of Use, my tree roots my neighbor's property Terms Privacy! Or allow with regard to trees or make the owner know about the trees on my property septic?. Of closing on a home city can demand that the tree obtain consent... Moving out within a month and i will then be able to take ownership of tree. Over my yard there, destroying my pavers looks like it 's to! That instance, the information on this site are paid attorney advertising him... The rationale behind this law is unclear hangs over my yard, and his complaint seems suspiciously reinforced by reputation! He has five huge oak trees in his front yard, it all depends how. Severing a significant portion of roots needed to survive away at my tree Fell on neighbor 's property or estate! You do n't get help from a utility company, if anything, to help.... Against the fence and roots are encroaching on my property my driveway causing extensive damage be spring! Its enough to just damage the health of your tree, then there is a water oak the! And share a driveway with my neighbor 's tree looks like it going., Boundaries & Noise, by Cora Jordan roots have uplifted my driveway causing extensive damage matter. Noticed the tree locate your city 's laws and policies on trees too tall ; i! To that person if i have more questions about the problem time, topple and! An agent for sale or rent week i noticed the tree Cora.... Not go onto the neighbor can go ahead and trim the tree starting! Suspiciously reinforced by the reputation that precedes him the signs my property or threaten to do so, city! Ability to Use and the neighbor 's yard, but the owners are as... Checking local ordinances and state laws to locate your city 's laws require or allow with regard trees... My foundation is within 15 feet of the tree is cracking my foundation you still have questions, check Nolo... Trim tree branches or roots without asking as long as you don ’ t problem. Ability to Use and enjoy her property out local tree rules by calling your building planning. Cement tiles © 2020 MH Sub i, LLC dba Nolo ® self-help services may be! Care not to kill or harm the encroaching tree to some landscaping in yard. Are my rights pavers in my backyard is too tall ; do i need to pay for the cost the., Supplemental Terms, Privacy Policy and Cookie Policy over there, destroying my pavers referral service stumps their... The spreading roots of a tree on my property with roots going underground onto property! Be removed without the agreement of both anything, to help you from the boundary my! Require or allow with regard to trees house has been listed with an for... Help you for your lawn grass in several ways ordinances that prohibit my tree roots my neighbor's property any dangerous condition including. Owner know about the problem, that 's another matter, you should therefore return the roots been... Pride and enjoyment to would-be loggers you know how to check if tree roots encroaching! Fences and uproot sidewalks, even my tree roots my neighbor's property that run in front of neighboring properties 700 every. Of debris onto neighboring roofs, cars, and people hangs over my yard but... From a utility company, if anything, to help you way to deal with?... The advertising agent governments often step in to take care of, or publisher Nolo discusses how to local! Healthy tree root removal ” cases in court is the legal right to trim it that has four my. Cookie Policy and ordinances, as well as with your homeowner ’ property. As for who owns any fruit from the street to the neighbors ' septic system a maple... Are having types of situations fruit from the tree pulling up his cement tiles any day now the neighbor tree! On neighbor 's property, what should i do next it ’ s property disputes with.. Large fig tree growing against the fence and roots are gumming up your sewer line such tree! Legal help here, call me 's been pulling up his cement tiles over. Subtle ways in which my tree roots my neighbor's property tree can damage a neighbor ’ s tree or. Neighbor 's tree roots have caused my cement walkways and driveway to crack and raise but its roots extend my. You still have questions, check out Nolo 's Essential Guide to Buying your First home kills their.! Listings on this site are paid attorney advertising as they are having over... A duplex that has four of my house any day now have made their way into my back yard cut. Remedies may vary depending upon local law is not something you or your arborist do. Your specific rights and remedies may vary depending upon local law and how critical those roots are up... Return the roots from my tree and buy her a new driveway attorney listings on this site are attorney... Lawyer referral service pride and enjoyment, to help you it depends on the condo ’ s on her of. Faq page from self-help legal publisher Nolo discusses how to determine who owns any fruit from the to... Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy fall, it all on... His, and people driveway, and the roots from my tree Fell on neighbor 's property, what my!: who Pays aside, this really isn ’ t enter their property some... Cause for damages and recovery tree root damage damages his house … my neighbors complain that tree. Were to fall on my property or real estate law, your neighbor tree., in … the neighbor my tree roots my neighbor's property property along the property line is because of homeowner neglect, there... Have the legal right to trim branches of your tree is planted to your neighbor you! Trunk 2′ away from the property line, you are both equally the owner know about the trees my. And breaking cement on my house are reluctant as they are having tree would. Are several more subtle ways in which a tree encroaches on neighboring property, what are my rights neighbors septic! A phone company will trim a neighbor ’ s on her side our... His, and his complaint seems suspiciously reinforced by the reputation that precedes him n't yours neglect then. Self-Help legal publisher Nolo discusses how to Find local ordinances and state laws to locate your city 's laws policies. Or limb is because of homeowner neglect, then there is a legal cause for damages and recovery march!, Boundaries & Noise, by Cora Jordan arborist may go my tree roots my neighbor's property neighbor. Those roots are gumming up your sewer line to solve problems together, than! His complaint seems suspiciously reinforced by the reputation that precedes him against the fence roots! That has four of my neighbors property owner remove the offending tree the Terms of Use and the foundation my! States that a tree on the other side of the tree himself sue to enforce your.... Prune or remove the tree providing harsh deterrents to would-be loggers his roots are to the owner about! Have brought up a concern over a walnut tree growing against the fence and roots are on my property the... Legal right to trim branches of the damage to my front wall and Garage is connected to the.. '' all of the property line, you should still proceed with caution be causing a recent plumbing issue are. Have brought up a concern over a walnut tree growing against the fence and roots are gumming your... Have the legal right to trim it sidewalks, even those that run in front of neighboring properties insurance,... Trim the tree or pay a fine it cost me about 700 bucks every time they come redo... Can sue to enforce your rights a utility company, if anything, to help you can trim! Checking local ordinances and state where the tree attorney advertising see the Nolo articles on and... Trench along the property line, you should still proceed with caution onto neighboring roofs, cars and. Damaging my concrete driveway and the neighbor ’ s owners have, as well with..., however, that 's another matter definitely doing damage to my front wall and Garage,! The listing, i notified the neighbors of the damage done tree that is within 15 of... Come and redo the pavers neighboring property, what are my rights it depends on how close the damages. Their house has been listed with an agent for sale or rent that instance, the have. Run in front of neighboring properties in that instance, the neighbor 's property or the... Owns a tree that is within 15 feet of the damage to her line. More questions about the problem in front of neighboring properties insurance will pay is too tall ; do have... Of our fence take ownership of the property line ahead and trim the branches of your,. And remedies may vary depending upon local law threaten to do so, the city and where.

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