> We are open during COVID-19. 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. While one neighbor may be enjoying the shade provided by a beloved old tree, they may not realize that over time, branches have extended into their neighbor’s yard, and cause a property line dispute. The CC&Rs may dictate specifications and rules regarding trees within the community. The bids I've received to fix this problem are in the $15,000.00 range. My Neighbor's Trees Are Killing My Lawn. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. I agree with everything that has been posted. Second, your neighbor could be held liable for damages, according to FindLaw.Third, if your neighbor doesn’t do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. You may call me for a consultation at 818-739-1544 ext. Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. Contact your homeowners’ association office to obtain a copy. At Equity Legal LLP, our aim is to offer you unparalleled legal advice all under one roof. Should the interference be more problematic, a neighbor may have the right to sue. An appraiser can help you assess the difference in value. Learn more about this in the section on subrogation below. 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. Last week my neighbor discovered damage to her sewer line. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. The contractor charged over $12K to completely replace the line from the street to the house. Second opinion] Hello. The attorneys at Equity Legal are well versed in legal issues surrounding encroaching trees and are here to guide you through any unique needs you may have. While you have the right to trim back branches or roots to your property line, it’s always a good rule of thumb to notify the tree owner before you make any cuts. Attorney Whipple is quite correct. Kidding aside, this really isn’t your problem. 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. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Ask for me, Scott, but there are limits, however, to how far may... Roots had started to damage concrete around his property start a civil or. 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