As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. 106 (2018) Upholds the "Massachusetts rule" that "an individual whose property is damaged by a neighbor's healthy tree has no cause of action against a landowner of the property upon which the tree lies." However, if you hurt the neighbor’s tree, you may be found liable for costly damages. Council of the City of Botany the NSW Supreme Court held that a council was liable in nuisance and in negligence for damage to private land caused by tree roots on council owned land. If all else fails, you should consult with a real estate attorney for advice. Get help with tree roots causing damage to your plumbing. If you need to determine your property … During new construction, remodeling or other major projects, remember to protect your natural investment by temporarily fencing around your trees to prevent root … Real Estate 101. We don’t carry out work on trees to prevent roots entering damaged pipes, as repairing the pipe is the only certain solution. Liability for tree root damage to sewer laterals is also not always easily determined. Copyright © 1995-2020  |  FreeAdvice.com  |  15310 Amberly Dr, Suite 250, Tampa, FL 33647  |  Privacy Policy  |  Terms & Conditions  |  CCPA. And if you have concerns, talk to your HOA board to see what rights you have. The main trunk of the tree (closest to roots) have grown into my property and have started to damage the fence that separates his property with mine. Trees on Property Lines Are Shared. Therefore, Patel hired a contractor to excavate along the length of his yard three feet deep. If your home is part of a homeowners association, check its rules about trees and their associated maintenance. My Association refuses to pay for the damages or reimburse me. We strive to help you make confident insurance and legal decisions. www.cafemedia.com/publisher-advertising-privacy-policy, Extensively researched articles in the areas of Real Estate Taxes, REITs, CREs, Regulation A and 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. Now if the tree in question isn't dangerous, but just needs a major trimming to avoid hanging into your yard or scattering leaves everywhere, that's a slightly different conversation. Get our 43-Page Guide to Real Estate Investing Today! We update our site regularly, and all content is reviewed by experts. The tree roots are part of your property. However, if the damage caused a secondary issue like your pipe bursting and water enters your home suddenly, then you might be covered for the water damage . If it does, a neighbor could bring a lawsuit against you for the death of the tree. Asking city officials to remove a dangerous tree requires immediate action to avoid injury to passers-by and eliminate the threat of possible electrocution if the tree, or part of the tree, falls on overhead power lines, which could endanger both property and the general public. What can I do about my neighbour's overhanging branches or tree roots that are coming on to my property? 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. The damage where the roots of the tree have been growing into would not be covered because roots do not grow overnight, this is gradual damage. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. 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. 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