They interfere with streets and sidewalks, sneak into septic lines and cause trip hazards. A little over 8 years ago i bought my property with a megga overgrown back garden. 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. Invasive tree roots are a common problem for homeowners and in commercial settings. If you don't want to do this yourself you can ask a district court for an order for the trimming or even removal of the tree. Learn more about this in the section on subrogation below. Alas, there’s little legal recourse to exercise against your unnecessarily snarky neighbor. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else’s home, is a nuisance. When leaves fall from your tree and create debris in the yard next door, your neighbor might find it annoying. The tree is well over the roof of my bungalow, about 10 feet and is brushing on the tiles and against the chimney which will soon be causing damage. Tree root problems are not always solved by the removal of the tree, as the stump or remaining roots … Conduct a friendly discussion with your neighbor about the tree root problem. If this moisture is not replaced, the surrounding plants and grass will wilt and die. My neighbour had a very small Eucalyptus tree that has now grown into a huge tree. They discovered tree roots as the culprit. Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. Potential damages costs for trees Costs for damaging a … If … The contractor charged over $12K to completely replace the line from the street to the house. For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor… The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. Last week my neighbor discovered damage to her sewer line. However, if you hurt the neighbor’s tree, you may be found liable for costly damages. If the roots, or at least some of them, can be safely cut without hurting the tree, then your neighbor has a right to ask you to do it. Patel claimed the roots had started to damage concrete around his property. The roots of a Leylandi Conifer can spread a considerable distance, particularly taller trees. Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. So for example, if by reason of cutting through your neighbour's tree roots, the tree is weakened and falls over, you would be liable for any damage it causes. But, you aren't legally responsible for that debris in the yard next door. Usually, roots coming to the surface is a sign of poor soil conditions. The only nuisance we ever had from this tree was regarding its leaves. If a branch from a tree hangs over the property line in such a way that causes injury or damage to the neighbour, the owner of the tree is legally responsible for the damage or injury. Tree and yard owners are often faced with the problem of a tree's exposed surface roots. Trees can be a great addition to your landscaping, as they provide aesthetic beauty, shade and oxygen – while increasing the value of your home. There are some things to consider if you have a problem with a tree on a shared property line: Show him the damage to your wall, and seek his cooperation in resolving the problem. I own a 3.5 story tree that is within 15 feet of the sewer line. If it is dangerous or diseased and is on your property, take action to correct the problem. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. If the branches or roots of a neighbor’s tree have crept over to your property, you have a right to prune the tree back to the property line. Roots from my neighbor’s tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. Your liability exists … Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Q. 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. Consult a tree expert, who will inspect and examine the tree. My neighbor however is the parish council and the tree is in the village hall car park. Or, even if it would harm the tree, if the damage they are doing to the neighbor’s property is substantial, then maybe the roots and tree need to go. The judge found that the Palazzi trees did in fact destroy the Mendez lawn and disrupted the patio. My neighbours trees are causing problems to my fence line and my patio and my lawn. If the roots or branches of your neighbour's tree encroach on your land, you can cut them back to the boundary line. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. Ownership of the tree roots once they have been removed The owner of the land on which the tree grows remains the owner of the tree roots even after they have been removed. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. In other words, apart from overhanging branches and potentially damaging roots, there are other legitimate reasons why you may seek to cut down part of neighbour’s tree which is encroaching upon your property or in danger of causing other damage to it. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. Make a claim through your insurer for tree damages to your property, even if the tree was rooted in your neighbor’s yard. You must show that the tree caused some damage to you, whether to your person or to your property. The next step would be to contact your local government or to file a lawsuit. Just about everyone enjoys trees and other landscaping features, but they can sometimes cause problems with neighbors. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a … Damaged and Diseased Trees In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. In law, this is called "abatement". You should therefore return the roots to the owner of the tree or obtain their consent for disposal. Tree roots that grow on the surface are difficult to mow or walk over and can affect the growth and health of nearby grass and ground covers. I spent thousands getting it child friendly for my children. A tree expert from the Royal Botanical Gardens in Hamilton testified at the trial that poplar roots are aggressive, and can damage sidewalks, roads, septic tanks and weeping tiles. Mowing can really be a challenge if you have to avoid tree roots in your lawn. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. When not properly planted or pruned, your tree's roots can damage your grass, mower, sidewalk, driveway and foundation and leave you with costly repairs. The owner of that tree, in this case the … The tree and branches are too high up to lop off so this would require a tree surgeon. As well as rights, you have the same liabilities as for cutting off branches. If your neighbor refuses to budge and insists on leaving the tree in place, express your concerns in writing via email or a certified letter. 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