What to do if neighbors tree roots are in your yard?
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.
Can you cut down a neighbor's tree in California?
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]. Hence, it is best to secure legal counsel experienced in these matters to guide you through a resolution, either by negotiation with your neighbor or by suit in court.
What to do if your patio is damaged by a neighbor's tree?
Even if your patio or foundation is being damaged by encroaching roots from your neighbor’s tree, great discretion is advised. Talk to a local certified arborist who knows the law or speak with an attorney.
How much is a neighbor liable for a tree damage?
If you damage a neighbor’s tree, you might be liable for two to three times the value of a tree. A homeowner was forced to pay over $40,000 to his neighbor for damage done to his neighbor’s tree by an unlicensed laborer he had hired to trim to his property line.
What to do if neighbor doesn't act?
If your neighbor fails to act, or perhaps does not have the means to act, consult with a certified arborist before you do anything. Removing or trimming damaged tree limbs can be dangerous.
What to do if a tree is cracked?
If a tree or any of its overhanging limbs appear cracked or decayed and present an immediate threat to your property, it is best to speak to your neighbor immediately. They might not be aware of the tree’s condition.
Why is it important to know your responsibility and rights as a property owner?
Knowing your responsibility and rights as a property owner is important to being a good neighbor and to avoiding unnecessary fines and court costs.
Can neighbors be held accountable for storm damage?
In other words, your neighbor cannot be held accountable for damages caused by a storm. This can be unfortunate in cases. For example, if a 90 mph gust breaks that otherwise healthy 3,000 lbs. tree limb hanging over your house, then your neighbor will more than likely not be responsible for damages.
Can you chainsaw a tree?
Taking a chainsaw to the branches at the property line is not recommended, and it could cost you. As Clinton goes on to state in his post on the legality of trimming your neighbor’s tree, you cannot trim limbs in such a way that might cause “immediate and irreparable harm.”. If you damage a neighbor’s tree, you might be liable for two ...
What is property damage from a neighbor's tree roots?
Property Damage From a Neighbor’s Tree Roots – Your Rights and Options. 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.
What happens if you cut a tree on your property?
Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. Documentation may also be necessary should you need to make an insurance claim for property damage.
Can you get sued for removing a tree?
Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Document the property damage and the circumstances surrounding it well before you begin to dig. There is a chance that your actions may cause ...
Can you charge neighbors for tree removal?
As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. The tree roots are part of your property. Removing the tree roots up to the boundary line is a reasonable course of action. Crossing property lines or removing part of the tree not on your property could result in a lawsuit.
Do you need documentation to claim damage to a tree?
Documentation may also be necessary should you need to make an insurance claim for property damage. Make sure to obtain estimates of the cost on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots.
Can you take action for a tree on your property?
Your specific rights and remedies may vary depending upon local law. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. In fact, you could even be considered responsible ...
What are the roots of a tree?
A. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. And sometimes that means they collide with your driveway or sidewalk, causing asphalt to bend in unsightly, and hazardous, ways. But as disruptive as roots can be, they are also critical to a tree’s survival. Cut the wrong ones and you could create ...
Can you prune a tree that crosses onto your property?
You can prune any branches or roots that cross onto your property, but your actions must not result in the tree’s injury or death, nor can you trespass onto the neighbor’s property to do the work, said Bruce F. Bronster, a Manhattan real estate lawyer.
Is it illegal to prune a city tree?
First, make sure the tree does not belong to the city; it’s illegal to prune a city tree without authorization or the proper permits. If the tree belongs to your neighbor, you should still proceed with caution.
Is it safe to prune a buckling tree?
But a buckling driveway is not safe either — someone could trip and fall. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. First, make sure the tree does not belong to the city; it’s illegal to prune a city tree without authorization or the proper permits.
Can My Neighbor Cut My Tree?
No, your neighbor can’t cut down your tree. They can only trim branches that stretch over the property line. The law forbids any further cutting or destruction of the tree. For the neighbor to cut your tree, they would have to trespass over your property—which is illegal.
How To Avoid Neighbor Tree Disputes
Most neighbor tree disputes happen because people plant trees too close to property lines. To avoid conflict with your neighbor, you should plant trees four feet away from the boundary. This distance ensures that the tree has enough space to grow and branch out without causing trouble for your neighbor.
Can My Neighbor Force Me To Remove My Tree?
According to the law, your tree can constitute a nuisance if it interferes with your neighbor’s property and their right to enjoy it. If this is the case, your neighbor can make you cut your tree in the following ways:
What Should I Do if My Neighbor Killed My Tree?
In case your neighbor killed your tree without your permission, you’re entitled to compensation, and you can take your bad neighbor to court. If your case is eligible for small claims court, you can sue your neighbor with DoNotPay and avoid paying a small fortune for lawyer fees.
Create a Demand Letter and Mail It to Your Troublesome Neighbor Using DoNotPay
When your neighbor’s acting deaf, warn them about the potential consequences of their behavior in writing. You can do that in no time using our Neighbor Complaints product. To write and mail a demand letter with ease, follow these steps:
Our App Helps You Through Numerous Red-Tape Issues
Dealing with paperwork doesn’t have to be tedious. With DoNotPay’s help, cutting through red tape is fast and easy. With a few clicks in our app, you’ll be able to:
What happens if you remove tree roots from a tree without your neighbour's permission?
If you remove tree roots beyond the boundary line without your neighbour’s permission, you will commit a trespass and a claim for trespass could be pursued against you through the courts.
What to do if you have a lot of tree roots?
If you intend to remove a lot of tree roots or very large tree roots, or if the roots are very deeply rooted, consider employing a tree surgeon or arborist to carry out the work for you. Normally they will be insured against any such damage, although you should check that they are before taking them on.
What is the legal meaning of removing encroaching tree roots?
Legal implications of removing encroaching tree roots. A tree belongs to the person who owns the land on which it grows. However, where the roots of a tree encroach on land owned or occupied by you, you are entitled to chop back the roots to the boundary line.
What to do if you are worried about a tree?
Notifying the owner of the tree of possible damage to your property. If you’re worried that the tree roots are causing damage to your property you should notify the owner of the tree of your concerns: it’s worth nothing that the owner of a tree will not be liable for any damage caused by its roots if they have not been given notice ...
What to do if you can't speak to the owner of a tree?
If you can’t speak to the owner of the tree, write to them explaining that you will dispose of the tree roots within a specified period of time if they don’t get back to you confirming that they would like them returned.
What to do if you believe a tree is causing damage to your property?
If you believe the tree is causing damage to your property, contact your insurers before carrying out any work. It is in their interest to get involved before any further damage is caused and for this reason they will probably arrange and pay for the work to be carried out.
What happens if you contravene a tree preservation order?
If you contravene a tree preservation order or carry out work on a tree situated in a conservation area you could be prosecuted and, if found guilty, fined.