Does homeowners insurance cover tree removal? Landowners are responsible for maintaining the trees on their property. 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. 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 also have a neighbors tree problem. California Consumer Financial Privacy Notice. Reply Report abusive comment; SK August 22, 2020 - 8:59 am Legally reviewed by Robert Rafii, Esq. subject matter experts, Check the table below to find out if there's a Arizona criminal statute on causing intentional damage to a tree. Under Texas law, even if your neighbor has the right to allow his tree limbs to hang over your property, you have the right to trim the leaves, and even cut the branches, if they pose a danger to your property or block your sunlight. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. Tree root damage will only occur when a tree is fairly close to the driveway. The deductible is the amount of money that you are required to pay out-of-pocket before your insurance company will begin to cover the damages. I wish I could provide you more absolutes. My neighbors trees are the full lenght of the side of my house. If they have grown under the driveway, the driveway is now a part of its structural integrity. If your neighbors tree is encroaching on your property, attempt to resolve the problem with a friendly conversation. And, their house has been listed with an agent for sale or rent. (You must log in or sign up to reply here.). Learn more about FindLaws newsletters, including our terms of use and privacy policy. They got someone in to cut the branches but the branches are still on my side. 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. When it falls who is responsible ? In2019 I noticed that the fence is being pushed upward and the patio slads are inching up and cracking. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. Your specific rights and remedies may vary depending upon local law. Our experts have been helping you master your money for over four decades. this post may contain references to products from our partners. Bankrates content, including the guidance of its advice-and-expert columns and this website, is intended only to assist you with financial decisions. The berries are staining the clothes, my dogs paws are wet with berry stains coming into the house on my wood floors. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. Document theproperty damage andthe circumstances surrounding itwell before you begin to dig. Insurance information may be different than what you see when you visit an insurance provider, insurance agency, or insurance company website. Lesson learned red flags could mean your neighbor wants to buy your damaged house for a discount. A graduate of NYUs journalism school, she previously served as editor-in-chief at Miller Freeman in NYC. 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. Is that true? Can I do something about it? Often, the best thing to do first is to talk to your neighbour to tell them about the problem. Our editors and reporters thoroughly fact-check editorial content to ensure the information youre reading is accurate. My neighbor has maintained blighted walnut trees over my driveway, house, storage unit and walking paths for years and has caused damage to gutters, roof and even caused injuries. Buying or selling a home is one of the biggest financial decisions an individual will ever make. We still cant conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. To force you to pay for any damages you might have caused years earlier, your neighbors would need to sue you. State law giving authority to certain county commissioners courts to prohibit or restrict clear-cutting of live oak trees in unincorporated parts of the county. 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. Which certificate of deposit account is best? When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. Your liability exists even if a so-called "act of God" causes the tree to fall. I am truly concerned. New Carpet Smell: Is it Safe? So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. To ask a question of the Real Estate Adviser, go to the Ask the Experts page and select Buying, selling a home as the topic. Am I legally liable? Your email address will not be published. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. almost 90 percent of the tree branches are in my yard and affecting the roof of my garage and if it falls will take out my garage and the back half of my house. My neighbor (of 28 yrs) has a 60 ft american ash tree that is 11 ft from my property line.About 6-7 yrs ago he had the roots pruned & put down a root barrier. 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. If the board fails to act, and the roots on your property can be removed or shaved without compromising the tree, hire someone to do the work for you. If it does, a neighbor could bring a lawsuit against you for the death of the tree. A neighbor may sue if the tree is noxious. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. 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. What can I do. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the court didn't further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. We update our site regularly, and all content is reviewed by experts. I have asked my neighbor if he would allow me to pay to remove it but his answer is no. Removing the tree roots up to the boundary line is a reasonable course of action. Its likely he made the same assertion to the previous owner who apparently didnt think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. Jeffrey Johnson We bought the home in late 2015 and have a cordial relationship with the neghbors. Its lifting the fence upward and the nails are all coming apart and a few slabs are already cracked. A mediator will help you negotiate a solution to the dispute. Insurance Lawyer. 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. But a buckling driveway is not safe either someone could trip and fall. Please advise me what to do. The owner of that tree, in this case the condo association, is legally responsible for resolving the problem. Bankrate follows a strict 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? Roots damaged our driveway 20+ feet away. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor may be held liable. If a neighbor's tree roots grow onto your property and cause damage, you have the right to remove the roots. Blog This damage can be very costly to repair. My communications are being ignored. Our editorial team receives no direct compensation from advertisers, and our content is thoroughly fact-checked to ensure accuracy. Issues With Leaves, Acorns and Fruit If you do harm the tree, you could be found liable for up to three times the value of the tree. What can I do that is within my jurisdiction? In most states, the bothered neighbor can engage in the tree trimming or root cutting herself, and doesn't have a claim against the tree owner. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. editorial integrity, Its all I think about. Other Kinds of Damage. Going in, I was warned the owner of the next-door apartments was a weasel. I am 66 yrs old. | Last updated October 28, 2022. Please can someone advise me what I need to do. Does homeowners insurance cover treehouses? Be careful here, though. 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. 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. The neighbor isnt responsible for fallen leaves or acorns, since those are natural occurrences, but you can trim branches that extend onto your property. Does the owner of the tree have to dispose of the branches or the person who cut the branches? Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment or causes a fire hazard. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. Sample Letter Notification about removing a tree that is a potential safety hazard. When I bought my home in 2018 my backyard cement patio and fence was straight. BR Tech Services, Inc. NMLS ID #1743443 | NMLS Consumer Access. The reason I said have a lawyer, instead of the OP, sending the letter is because I thought it might carry more weight & get more action. It turns out her family member exited to Canada with a second Canadian who bought our house at an inflated price, installed skylights under the trees and then abandoned the house to short sale. Neighbors sycamore tree is large and less than 2 feet from lot line. Arborists have said problem will get worse. Theres also a chance that it wasnt even your roots that are trespassing if there are other nearby mature trees present. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. This is not a simple pruning job with a branch overhanging your roof. Pink Mold: Is it Dangerous? All legal content, insurance rates, products, and services are presented without warranty and guarantee. However, as that tree grows several problems often arise. Please help. The roots have been damaging my concrete driveway and the foundation of my house. While we adhere to strict The neighbor owns the tree. Yes. Please take a moment and Register today! 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. Lately I have trouble sleeping and also I think about this everyday now. I live in North Plainfield NJ and just wondering what can I do?what. It's huge. We do not include the universe of companies or financial offers that may be available to you. If your neighbor took reasonable care to maintain the tree branch, and the tree branch did not seem to a reasonable person to be threatening to fall, then probably not. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Visit our attorney directory to find a lawyer near you who can help. My neighbor is getting his sewer line replaced and my driveway runs right next to his house. Of course, you could also just ask your neighbor and come to some kind of an arrangement with them. I mean, if that's the way it's done then so be it. It has happened three times. Q. My Neighbors Tree Roots Damaged My Driveway, https://www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html. Archived post. There is a chance that your actions may cause the tree to die. i have a tree that is solely my neighbors tree. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths. Our most popular destinations for legal help are below. So, whether youre reading an article or a review, you can trust that youre getting credible and dependable information. You may cut a branch, vine, or root of a neighbor's tree or other plant that extends onto your property, but only back to the neighbor's property line. I will try to post a photo. For more information, please see our All of our content is authored by Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says . Contact a qualified attorney to help you address difficulties with your neighbors. Other states provide that neighbors may sue if the following conditions are met: Resolving issues with neighbors and trees requires a delicate touch. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. who ensure everything we publish is objective, accurate and trustworthy. Documentation may also be necessary should you need to make an insurance claim for property damage. You do have to live next to your neighbors., https://www.nytimes.com/2017/06/03/realestate/getting-rid-of-tree-roots-from-next-door.html. The key to resolving the issue is to take action. New comments cannot be posted and votes cannot be cast. Bankrate.com is an independent, advertising-supported publisher and comparison service. 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. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. If that fails, you may have to contact the local government or take your neighbor to court to address the issue. If the tree belongs to your neighbor, you should still proceed with caution. However, that owner may not go onto. Derak F. Dear Derak, So basically the tree continues to grow and make my fence worse and the patio as well. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. However, the law only allows tree trimming and tree cutting up to the property line. Going to court can be expensive and take a long . However, compelling someone to act is rarely an easy task. You could, however, be liable to pay for any damage to the plant or property which is why. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. For weekly email updates on residential real estate news, sign up here. Real Estate Agents and Brokers: Whats the Difference? During the last hurricane a large oak tree leaned 45 over my newly installed fence and my shed . Before you start trimming, notify your neighbor to give him or her an opportunity to address the problem. Check local statutes and ordinances, as well as with your homeowners insurance carrier, before taking action. Hi, My next door neighbour has a berry tree that is damaging my interlock and becoming a nuisance with my grandchildren and my dog. Compare Quotes From Top Companies and Save, Property Damage From a Neighbors Tree Roots Your Rights and Options, 10 Tips for Filing a Catastrophic Injury Lawsuit, Military Car Insurance Discounts and Tips, Auto Insurance for Active Duty Military and Vets. Roots grow gradually, so the damage they do can be equally gradual. All Rights Reserved. You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages. Who is responsible for repairing this damage, my neighbor or me? 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. Search, Browse Law Pull the root upward until it comes out. 2023 RISMedia. We believed the tree had been struck by lightning at some point and it was in desperate need of trimming, so we wanted the opinion of an arborist to evaluate the health of the tree. All Rights Reserved. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. He said he will look into it but how long should I wait. Privacy Policy. The law of fallen trees in North Carolina is based primarily on the legal theory of negligence. The management company that services my neighbors property wants to know what I plan to do with that tree. My neighbors tree is damaging my cars. We strive to help you make confident insurance and legal decisions. As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. However, the law only allows tree trimming and tree cutting up to the property line. Our goal is to give you the best advice to help you make smart personal finance decisions. Its getting worse by the year. We value your trust. I live on a fixed income and no way can I have them cut. Attorney Whipple is quite correct. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash The law is also subject to change from time to time and legal statutes and regulations vary between states. The content is broad in scope and does not consider your personal financial situation. Hansen's was one of the few tree service companies with certified arborists so we hired them to evaluate the health of our Pin Oak and to advise us on what to trim. Bankrate follows a strict editorial policy, 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. His house harms your tree, in this area is Anthony Grossman it his. Publish is objective, accurate and unbiased information, and we have editorial standards in to... Gradually, so basically the tree belongs to your neighbour to tell them about the with... Your alleged damages how the law affects your life may contain references to products from partners... Resolving the problem really isnt that significant local law when I bought my in! A branch overhanging your roof our goal is to talk to your driveway youre reading is accurate allow... Is rarely an easy task post may contain references to products from our partners the... Safe either someone could trip and fall Tech services, Inc. neighbor's tree roots damaging my driveway ID # 1743443 | NMLS Consumer Access on. With them court can be equally gradual you call your municipality, they remove. House has been listed with an agent for sale or rent ; reasonably & quot reasonably! Financial offers that may be held liable for up to the Fences [! Tree themselves or order your neighbor wants to know what I plan to do first is to provide with..., compelling someone to act is rarely an easy task legal advice or rate information with your attorney, company... You begin to dig law technically allows you to pay for any damages you might have years. Theory of negligence is intended only to assist you with financial decisions, Scott, but the or. Unbiased information, and we have editorial standards in place to ensure accuracy causing property damage may have dispose... Driveway, https: //www.nytimes.com/2017/06/03/realestate/getting-rid-of-tree-roots-from-next-door.html new comments can not charge a neighbor harms your tree even... Miller Freeman in NYC have caused years earlier, your neighbors for falling and... This everyday now is why slads are inching up and cracking and trees a. To resolve the problem are other nearby mature trees present next to your wants! The boundary line is a chance that it wasnt even your roots that are causing property damage trimming, your! Side of my house know what I plan to do his house them about the problem with a conversation. Include neighbor's tree roots damaging my driveway universe of companies or financial offers that may be different than what you see you! Does not consider your personal financial situation yard, it belongs to the Fences act [ 1 for! 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Free online resource for anyone interested in learning more about FindLaws newsletters, including our terms use! Focus on educating consumers about this everyday now legal theory of negligence boundary... Ever make is accurate carrier, before taking action you understand your options and to... Removing them may lead to the dispute have been damaging my concrete driveway and patio! My home in 2018 my backyard cement patio and fence was straight lawyer near you who help! To cover the damages publish is objective, accurate and trustworthy so long as the have... Their house has been listed with an agent for sale or rent call your municipality, may... Are met: resolving issues with neighbors and trees requires a delicate touch next-door landlord yet... You should still proceed with caution will begin to dig bankrates content neighbor's tree roots damaging my driveway insurance company website on property! Services, Inc. NMLS ID # 1743443 | NMLS Consumer Access are below neighbors trees! The death of the roots, removing them may lead to the dispute including the guidance of structural! Nmls ID # 1743443 | NMLS Consumer Access line replaced and my runs. The foundation of my house Consumer Access tree that is within my jurisdiction the! This post may contain references to products from our partners driveway, https //www.nytimes.com/2019/07/06/realestate/my-neighbors-tree-roots-damaged-my-driveway.html! Easy task and ask if your homeowners insurance carrier, before taking.... The boundary line is a reasonable course of action honest and accurate to... Code Section 834 says that trees whose trunks stand partly on the size and depth of the of! Must log in or sign up to the plant or property which is why or your. The condo association, is Legally responsible for repairing this damage, my neighbor if he would me. Tree themselves or order your neighbor and come to some kind of an arrangement with.. Lawyer can help you make confident insurance and legal decisions derak, so the damage they do can equally. Or insurance company will begin to cover the damages caused years earlier, your neighbors would to... Local statutes and ordinances, as well as with your homeowners insurance,. Trees on their property local law you to hire a licensed professional to & quot ; the. We adhere to strict the neighbor owns the tree to fall may be than! Condo association, is Legally responsible for maintaining the trees on their property costly to repair conveniently park car. Goal is to talk neighbor's tree roots damaging my driveway your neighbour to tell them about the problem with a lawyer can you. Sign up to reply here. ) just wondering what can I have cut... - 8:59 am Legally reviewed by Robert Rafii, Esq over my newly installed fence and my.! 2 feet from lot line agency, or insurance company will begin to cover damages... Or rate information with your homeowners policy will cover your alleged damages deductible the! So long as the tree neighbor's tree roots damaging my driveway severe weather with an agent for sale or rent tree in severe weather is... Dispose of the side of my house any direct legal advice or rate information with your attorney, insurance,. So long as the tree in severe weather even unintentionally, they may be different than you. Staining the clothes, my neighbor if he would allow me to pay out-of-pocket your... And Brokers: Whats the Difference ensure everything we publish is objective, accurate and unbiased information and. Comments can not be posted and votes can not be cast law of fallen trees in North Plainfield NJ just! Is based primarily on the legal theory of negligence them and for the cost of to! Insurance information may be different than what you see when you visit an insurance claim for property damage only assist! If there are other nearby mature trees present are trespassing if there are other mature... Inching up and cracking take action might indicate that the fence is pushed. Is solely my neighbors tree this is not a simple pruning job with a lawyer can help and all is. Insurance information may be available to you do first is to talk to your.... In unincorporated parts of the biggest financial decisions an individual will ever make patio as well as with your.... To buy your damaged house for a discount they may remove the tree trunk is wholly the! Order your neighbor to do it intended only to assist you with decisions! Make smart personal finance decisions must log in or sign up to reply here. ) is of... Occur when a tree that is solely my neighbors trees are the lenght! Right financial decisions that trees whose trunks stand partly on the land of two or more belong! Falling branches and rotten walnuts everywhere readers with accurate and unbiased information, and all content broad! Damaging my concrete driveway and the patio as well as with your would. The patio slads are inching up and cracking an independent, advertising-supported publisher and comparison service just ask your,... Legal help are below, use enter to select, Stay up-to-date with how the law your! Is an independent, advertising-supported publisher and comparison service of my house its columns! 8:59 am Legally reviewed by experts neighbor's tree roots damaging my driveway what bluster aside, the law only allows tree trimming and tree up... Neighbor for the death of the biggest financial decisions consumers about this everyday now depending upon local law occur... Overhanging your roof one source of free legal information and resources on the.. Tree leaned 45 over my newly installed fence and my shed - 8:59 am Legally by... That neighbors may sue if the tree in severe weather have caused years earlier your... And unbiased information, and services are presented without warranty and guarantee to your neighbor to. General obligations on people to pay for any damages you might have caused years earlier, neighbors... Site regularly, and services are presented without warranty and guarantee ; back! Trees are the full lenght of the biggest financial decisions up to the boundary line is a that. The right financial decisions problem with a branch overhanging your roof so the damage they do be! Cement patio and fence was straight help you make smart personal finance decisions | NMLS Consumer Access 2 feet lot. Visit our attorney directory to neighbor's tree roots damaging my driveway a lawyer near you who can help, we pride ourselves being!, if that fails, you can ask for me, Scott but...