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. A neighbors tree branches encroaching on your yard can allow leaves and acorns to litter your lawn and clog your gutters. Overhanging branches can drop leaves into your gutters, block light, or prevent your own trees and plants from growing. 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? Its getting worse by the year. Our editorial team receives no direct compensation from advertisers, and our content is thoroughly fact-checked to ensure accuracy. Free Advice is a unit of Quote.com providing millions of consumers with outstanding legal and insurance information and advice for free since 1995. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. I've reached out to an arborist for an estimate and he will be coming out next week. A typical example is damage to foundations from encroaching tree roots. The excavation company was asking about parking a dump truck and driving equipment on my driveway. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Before taking action into your own hands, you may want to reach out to an experiencedreal estate attorneyin your area. Kidding aside, this really isnt your problem. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. From finding an agent to closing and beyond, our goal is to help you feel confident that you're making the best, and smartest, real estate deal possible. Its inevitable to fall. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. 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. The area it stands is near the side of my house where one might park a boat or an RV. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. However, that owner may not go onto. In 2020 I had a tree company cut 4 big limbs of my neighbors tree that was hanging over my garage. The bids I've received to fix this problem are in the $15,000.00 range. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. What can we do to prevent the tree from growing back over our yard? He refuses to help or even offer to have his gardener maintain his tree. Follow us on Twitter: @nytrealestate. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. The cost of hiring a professional tree service company to . Multiple Policies To Get Enough Coverage? Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. My friend worked out an agreement with the city of Fairfield that had the city pay for half of the his new driveway. Please advise me what to do. Otherwise, Merullo says that because this is an ongoing problem, you might be able to get these roots declared a nuisance, in which case a court might put the burden on your neighbor to remedy the problem. Our most popular destinations for legal help are below. Legally reviewed by Robert Rafii, Esq. 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. My neighbor has a large sycamore tree on their property line on their property. It is now going on two months. Sample Letter to neighbor #5. As a subscriber, you have 10 gift articles to give each month. 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. 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? Get in contact with Steve McLinden via Email. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. 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. The courts found Neighbor Two liable for treble damages under the State's timber trespass statute, regardless of the fact that Neighbor One's reckless trimming created a hazard tree and the need for the drastic remedy that killed the tree. The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. Damaged and Diseased Trees. I need to do something soon. Roots grow gradually, so the damage they do can be equally gradual. Yes. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. Mediation and arbitration. Should you accept an early retirement offer? Texas Law May Allow You to Trim and Cut Branches Even with an Easement. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. 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. Maria Patterson has more than 30 years of experience in executive positions within B2B publishing, 18 of which have been spent as RISMedias Executive Editor, overseeing the creation and direction of RISMedias award-winning print and digital content, as well as providing strategic planning for RISMedia events. 2023 RISMedia. You could, however, be liable to pay for any damage to the plant or property which is why. Buying or selling a home is one of the biggest financial decisions an individual will ever make. Privacy Policy. Sample letter to neighbor #2. A Red Ventures company. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." 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. 1. Substantial root growth above ground. Behind my backyard fence is a wooded area. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. "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. 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. 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. As a subscriber, you have 10 gift articles to give each month. Legal Disclaimer: The content appearing on our website is for general information purposes only. Prune your tree so your neighbor does not hate you. 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. It is possible that the law may not apply to you and may have changed from the time a post was made. Mom wants to give me a house. Branches Hanging Over Your Yard 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. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Hazardous trees. 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 an easement. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. Our goal is to help you make smarter financial decisions by providing you with interactive tools and financial calculators, publishing original and objective content, by enabling you to conduct research and compare information for free - so that you can make financial decisions with confidence. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. Ornamental or landmark trees can even reach tens of thousands of dollars. Search, Browse Law Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Always call your insurance to ask if the damage is covered because every policy and event is unique. Our editorial team does not receive direct compensation from our advertisers. Tree root damage will only occur when a tree is fairly close to the driveway. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. 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. If it does, a neighbor could bring a lawsuit against you for the death of the tree. What are my legal remedies? Consult a certified arborist who can tell you if and how repairing the driveway could damage the tree, Mr. Bandler said. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. 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