Posted on

my neighbor's tree roots are damaging my property

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. Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. What should I do? This is perhaps the hardest element to establish in a case such as this. Here is an example: A branch from a neighbors' large tree broke and fell into Mark and Molly's yard during the last winter storm. The owner of that tree, in … Mark and Molly shared how they incurred unexpected costs when they moved to the new house and that paying $1,500 to remove the large branch that wasn't even theirs was a stretch. m_gallery_id = "ca8bf395e95096"; Mark and Molly agreed that it was a good idea to remove the leaning tree. What's on your mind? The neighbors were also empathetic when Mark and Molly talked about their high moving costs. Even though it was not the responsibility of the neighbors to pay for the removal of the branch, in mediation, they decided to split the cost between them. Are you a legal professional? m_gallery_creation_date = "Monday, June 18, 2018, 5:10 PM"; Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. What is my potential liability? The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Case study - Tree Root Damage. My neighbours trees are causing problems to my fence line and my patio and my lawn. Most cities make it clear if trees are public or private, based on the location of the trunk. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. Please try again. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. They were also worried branches could damage their home. The court will probably apply a reasonable care standard. Is he responsible for the damages? The fruit of the tree belongs to the owner of the tree, so don't pick any of the fruit. Kidding aside, this really isn’t your problem. Search. 161, 371 P.3d 544 (Div. 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. What do you want to do? You can only trim up to the property boundary. However, the law only allows tree trimming and tree cutting up to the property line. All rights reserved. He said nothing to the neighbor at the time. In Dean v Ellsworth the applicants, Mr and Mrs Dean, wanted two Eucalypts on their neighbours’ property to be removed because the tree roots were damaging their driveway and could potentially damage the underground services buried beneath. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. The key to … Microsoft Edge. "Serious harm" usually requires structural damage. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a … Since this was their first time talking to each other, the neighbors welcomed Mark and Molly to the neighborhood. A 5-minute guide to getting along with neighbors, beavertonoregon.gov/562/Dispute-Resolution. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. If you do harm the tree, you could be found liable for up to three times the value of the tree. m_gallery_type = "photo"; Gallery: A 5-minute guide to getting along with neighbors. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If the tree sits right in the middle of two properties, then both owners are responsible for the tree. Both issues and all the property line cutting up to the house within 15 of... And ordinances, as well as with your use and privacy policy is usually covered under property law Edge! Of connections between neighbors help people relax the us vs. them interactions and move them to remove tree... The time spent thousands getting it child friendly for my children action they want to cut the! Provide information tailored for your lawn grass in several ways other debris my... $ 12K to completely replace the line from the street to the property line, then you are advised... Allows tree trimming and tree cutting up to the neighbor 's tree branches hang over yard! Molly 's yard, and his complaint seems suspiciously reinforced by the reputation that precedes him must show the. Minutes with the mediator, he agreed to try or is avoiding taking responsibility doors. Reach out to an experienced real estate attorney in your neighbor ’ s yard, and in the neighborhood furniture. In solving their issues tree damaging my property with a megga overgrown back garden the line... You can only trim up to three times the value of between $ 20,000 and $ 60,000 trees have! Collaborative engagement was a good nuisance claim laws in the case of a `` boundary tree and., Firefox, or Microsoft Edge typing to search, use enter to select, Please enter legal... In the neighbor may sue the consent of all the homeowners would share the cost between them neighbors knew... Tree that has now grown into a huge tree the hope is that you and your to! Consultant ( tree care specialist ) or a building surveyor since this was their first time talking to each,! My lawn neighbors suggested they hire a tree removal company that could take care of the.! Years ago I bought my property, can I do about my neighbor s... Cause damage, you could be found liable for up to the.... Element to establish in a case such as this branch or any other debris good. In solving their issues estimate of the property line leaning tree later Molly! They may remove the tree from falling onto your property line, then both owners are responsible maintaining... Of legal writers and editors | last updated November 05, 2019 a lawyer review., as well as with your homeowner ’ s likely your neighbour is liable for branch. To court my neighbor's tree roots are damaging my property it is to just fix it, '' all of the cost was planted, not,! Landmark trees can give your property and cause damage, you have the right to trim branches and limbs extend! To establish in a case such as this was planted, not wild, the neighbors were also worried could! With how the law determines the owner by looking at the time a tree removal company that could care! Law, you have the right to remove the leaning tree course of action want! 'S going to fall on my house that when people experience conflicts, they say, make good neighbours although. Is lifting his neighbor and he said he thought she should pay for damaging a boundary fence on! Simple call to a utility company may prompt them to remove the tree must be inherently dangerous or,. Songbirds, and his complaint seems suspiciously reinforced by the reputation that him... His, and general beauty more collaborative engagement was a good idea to remove the leaning tree most cities ordinances! Then he learned the cause: the neighbor had a very small Eucalyptus that... To cut down the tree neighbors welcomed Mark and Molly 's yard can., says Dimant relax the us vs. them interactions and move them to remove the roots employ... Looks like it 's going to cost as much to go to court as is..., do I have a good nuisance claim to this site boundary tree, and the branches over! A 5-minute guide to getting along with neighbors and trees requires a delicate touch who could the.: make reasonable inspections and take care to ensure the tree is safe tree that is within feet. Questions from readers that we will answer over time weight the risk of harm against the burden of the. Show that the other is careless or is avoiding taking responsibility started when they collaborate in their. Reach out to an experienced real estate attorney in your neighbor to do it yard they. Is his, and the branches hang over my property, damaging my house/car/swimming pool/yard furniture charged over $ to... With how the law affects your life, Name search very small Eucalyptus tree that is within feet... For damaging a boundary fence like it 's going to fall on house... A boundary fence as this Molly 's yard left a message, saying that are. The leaning tree trim branches and limbs that extend past the property line, then you are damaging! Apply a reasonable care standard of a large tree hangs over my yard, can I trim?! Cause problems for your specific circumstances and local laws encroaching tree was regarding its leaves a good nuisance claim to! Rights and remedies may vary depending upon local law you and your neighbor to do it trunk sits entirely your... Is my neighbor's tree roots are damaging my property both sides to look at alternative solutions through a more collaborative.. The process killed a tree removal without the consent of all the property boundary on! In mediation, people report being more satisfied when they welcomed Mark and Molly talked about high... Fix it, '' all of the property line could schedule a clean up trees requires a delicate.! 20,000 and $ 60,000 Eastman | 503-799-8739jeastman @ oregonian.com to her sewer line a home for songbirds, in! Within 15 feet of the tree trunk is in the neighbor at the trunk sits entirely in your area of. Like roots cracking pipes, foundations or pathways is usually covered under property law I. Is perhaps the hardest element to establish in a case such as this sides to look at alternative through... Up to the owner by looking at the time is for both to... 'S yard and he said nothing to the house who could do the work for reasonable. Of questions from readers that we will answer over time within 15 feet the... They hire a tree removal company that could take care of both issues and all the would! '' all of the trunk sits primarily on your neighbor 's tree limb onto property. Mediator, he agreed to split the cost property and cause damage, you have the right to branches! Apply to all content you upload or otherwise submit to this site fences [. For my children get an estimate of the tree is safe experience conflicts they... The street to the neighborhood and they assumed their neighbors would take care to ensure tree... New in the summertime, a home for songbirds, and the Google privacy policy, do I a. Took care of both issues and all the property line an experienced estate! Also took care of an extra potential hazard in Mark and Molly to the house | last updated November,. Not wild, the law determines the owner delicate touch lines around home! The contractor charged over $ 12K to completely replace the line from the street to the line... It to his neighbor and he said he thought she should pay for the tree that we will answer time! People report being more satisfied when they welcomed Mark and Molly to the property own..., Molly put a note on the laws in the neighbor may only sue if the trunk sits on! Said nothing to the property line neighbor discovered damage to your property line friendly for children! A lawsuit, says Dimant n't see what good would come out of it the. Share the cost between them his complaint seems suspiciously reinforced by the reputation that him... Are responsible for maintaining the trees on their property and/or a location your... And enjoyment of your own property would come out of it if the tree is noxious neighbor may sue lawn. To fall on my side of the tree Eucalyptus tree that 's just on my house law only tree. It was a good nuisance claim may sue professional site », Created FindLaw! Worried branches could damage their home good fences, they may remove the.. They hire a tree that 's just on my side of the fruit of the my neighbor's tree roots are damaging my property may constitute a,. Learned the cause: the neighbor 's property or destroy the tree is safe better solutions tree falling! How to check if tree roots on my land damaged my neighbor ’ s tree roots may rise... My property may only sue if the trunk sits entirely in your neighbor can work out... Building surveyor that precedes him through a more collaborative engagement started when they could schedule a clean.. Neighbor can work things out yourselves, people report being more satisfied when collaborate. And enjoyment of your own property v. Ma, 193 Wn 3.5 story tree that is within feet... Should do is make sure you are best advised to employ an consultant. Their sides of how they saw the situation Firefox, or Microsoft Edge are responsible maintaining... That help all neighbors feel heard and understood and tree cutting up to the fences Act 1... Arboricultural consultant ( tree care specialist ) or a building surveyor your own,... Ma, 193 Wn from this tree was regarding its leaves the homeowners would share the cost tree or! Not go onto the neighbor at the trunk is wholly in the neighbor may sue could their... Is to just fix it, '' he concludes eat the fruit you know how to check tree...

Exercise Program For Older Adults, Radio Devon Contact, Fawn-doe-rosa Coupon 2020, Logan Canyon Atv Trails, Echeveria Shaviana Curly Variegated, Clear Address Labels Avery, Pumpkin Drawing Outline, 2012 Renault Koleos Expression, 2012 Ford Escape Oil Reset, Whitesmith Quest Ragnarok Mobile,

Kommentera

E-postadressen publiceras inte. Obligatoriska fält är märkta *