Just keep this in mind. 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. Check your state law. Dear [Neighbor's name] / [If unknown, just address as 'Dear Neighbor'], I live at [address]. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. Texas Law May Allow You to Trim and Cut Branches Even with an Easement. During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . Sample letter #1. The tree in question is right on the border of our property. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access Customer: My neighbor and I have a shared driveway. Home equity line of credit (HELOC) calculator. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. 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 . Take our 3 minute quiz and match with an advisor today. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Should your neighbor endure an imposition to your property? You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. When wayward roots threaten peoples properties, it can be hard to spur the owner to action. Tree Roots Damaging Neighbor's Property By: James Orlando, Chief Attorney June 21, 2018 | 2018-R-0163 Issue Under Connecticut law, who is responsible if the roots from a tree damage neighboring private property, such as damaging the driveway? This compensation may impact how and where products appear on this site, including, for example, the order in which they may appear within the listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. We ( me and neighbor) hired a tree company to trim the trees. I am so worried that by next year it will brake apart if I dont act. I can nolonger take care of his trees. Nothing on FreeAdvice.com constitutes legal advice and all content is provided for informational purposes only. Neighborhood friends moved in to the attic to party and grow a pot farm. Thank you. 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. Healthy tree root systems may, over time, topple fences and uproot sidewalks . Previously to the listing, I notified the neighbors of the damage. Is homebuyer responsible for past damage? Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condos property has roots encroaching onto my property. You cannot go onto your neighbor's property or destroy the tree. Neighbors tree roots damaging my property. Real Estate Law: Purchase, Sale, Ownership, TheLaw.com has been providing free legal assistance online since 1995. Visit our attorney directory to find a lawyer near you who can help. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. Yes. A neighbors tree can grow so that branches or roots encroach on your yard, causing actual or potential damage. Branches Hanging Over Your Yard Our goal is to give you the best advice to help you make smart personal finance decisions. Bankrate has partnerships with issuers including, but not limited to, American Express, Bank of America, Capital One, Chase, Citi and Discover. they are two feet from hitting my house. And How to Get Rid of It. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash 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. It's always going to be better to try to negotiate a solution first. Firms. FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. What can we do to prevent the tree from growing back over our yard? 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. can he deny me from trimming his tree that over hangs my hard and could cause major damage to my property. If you do harm the tree, you could be found liable for up to three times the value of the tree. If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. Landowners are responsible for maintaining the trees on their property. Obviously we need to fix this problem, because it will only continue to get worse and cause more damage to our home. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. 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. Of course, you could also just ask your neighbor and come to some kind of an arrangement with them. Does the owner of the tree have to dispose of the branches or the person who cut the branches? Learn more about FindLaws newsletters, including our terms of use and privacy policy. All legal content, insurance rates, products, and services are presented without warranty and guarantee. Bon chance. 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. 2023 Bankrate, LLC. Dear Real Estate Adviser, Also I am 67 years old and have to maintain my lawn on my own which is not easy. Kidding aside, this really isnt your problem. He said I should cut the tree back to help rectify the problem, but that chopping it down could lead to more damage as the root support would give way underground. So, yes, you can cut the roots. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Period. My neighbors tree branches extend into my yard i asked him to trim it but he fails to do so..This has been ongoing for over 20 years.Tomorrow im hiring a tree trimmer to cut the branches that extend on to my property..Im fed up with asking my neighbor to trim his tree because it makes my property look bad and his tree snuff the life out of my plants because of the lack of sun..What is my legal position after the job has been done? Other states provide that neighbors may sue if the following conditions are met: Resolving issues with neighbors and trees requires a delicate touch. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Damage caused by overhanging branches, foliage and roots. Our editorial team does not receive direct compensation from our advertisers. And How to Get Rid of It. I live in California btw. What rights do I have to have the neighbor correct this? They got someone in to cut the branches but the branches are still on my side. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Your specific rights and remedies may vary depending upon local law. Our opinions are our own. Neighbors' tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home's plumbing. Stay up-to-date with how the law affects your life. My neighbors tree is damaging my cars. Welcome to TheLaw.com! What else can we do to resolve this situation? Tree trimming: You are allowed to maintain your property not only to the lot line, but also under the ground and the sky above it. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. I recently spoke to the neighbour and told them that it is a big problem in my back yard, he said that the berries get all over his children too, but thats not my problem the tree is his. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. I have no way I can use that side Of my back yard. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Our most popular destinations for legal help are below. Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. 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. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. If they have grown under the driveway, the driveway is now a part of its structural integrity. By law, you have the right to trim branches and limbs that extend past the property line. 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. Yes. But as disruptive as roots can be, they are also critical to a trees survival. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. Contact us. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. But there are several more subtle ways in which a tree can damage a neighbor's property or real estate. 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. I thought maybe that would help stop the cracking of my patio and further damage to my fence. If the complainant is worried about roots on his property, he can take action within his property boundaries, explains Steve Nicholson, owner and consulting forester at Minneapolis-St. Paul-based TreeBiz. Follow us on Twitter: @nytrealestate. Im thinking compensation or at least half of the cost of my out of pocket expense $$$. I live on a fixed income and no way can I have them cut. Although there is probably nothing the courts will do for leaves and pods on your . You may find yourself liable for damage caused by your tree (s) to your neighbours' buildings and other structures. The tree roots have uplifted my driveway causing extensive damage. 19. Use TheLaw.com's FREE Case Review now! However, as that tree grows several problems often arise. 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. Once you can reach the root, use a shovel or trowel to remove soil from around the root until it's completely exposed. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. 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. Roots grow gradually, so the damage they do can be equally gradual. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Fast forward to present day. Mother changing property to son & spouse after father has passed How does my Can a spouse change/remove the other spouse from title? Trained tree maintenance professionals can safely remove or sever up to 25 percent of the root mass of a tree without endangering the tree's survival. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elses home, is a nuisance. State and local laws vary when it comes to ownership of fruit that has fallen from a tree. Which states have motorcycle helmet laws? He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. You may not go onto the neighbor's property or destroy the tree. Are they responsible for the damage their foliage is causing my property? Our real estate reporters and editors focus on educating consumers about this life-changing transaction and how to navigate the complex and ever-changing housing market. You have money questions. Bankrate follows a strict which the tree grows out of the ground lies on both sides of a property line. The court will probably apply areasonable care standard. Family Handyman. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. Your email address will not be published. Then he learned the. "Serious harm" usually requires structural damage. Abating the nuisance might include the removal of the . Legally reviewed by Robert Rafii, Esq. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. 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. Do I contact him at all before sending him a formal registered letter? 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. Many times, it carries a criminal penalty. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. It's huge. A neighbors tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. Tree root damage will only occur when a tree is fairly close to the driveway. Legal information and advice on home, car, and life insurance only. 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