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Oct 24, Profile. Posted on Oct 24, You cannot force your neighbor to remove the roots or sue your neighbor for the damage they have caused to your driveway. However, you can cut off and remove any roots and branches that cross your property line.

Dec 23, When it comes to property damage from a neighbor's tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance.



The numbers of exotic species can increase rapidly since they do not have any natural predators here.



For this reason, you may not be able to charge a neighbor for its removal. Use our free legal tool to. Mar 26, Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Patel claimed the roots had started to damage concrete around his property. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive.5/5.

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. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue.

If by removing the tree roots you harm the tree, the owner of the tree could bring a claim against you for trespass and you might have to pay damages. You should not put poison down to kill off the encroaching tree roots as poison is likely to kill the tree. Aug 03, When a Neighbor Kills Your Tree By Digging. FindLaw says, “Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner’s permission is liable for compensating the tree owner.” This can happen accidentally if your neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide.

Oct 16, Ok, thank you for that additional information.



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From a purely legal perspective, a tree is considered the personal property of the homeowner whose land it is on. If the tree then causes damages to a neighbor's property either from the limbs or roots, and the owner is aware of the problem, the neighbor can pursue a legal claim for damages under the doctrine of"private nuisance".





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