Does homeowners insurance cover tree removal? Although there is probably nothing the courts will do for leaves and pods on your . It has happened three times. If a tree owner and an aggrieved neighbour can't agree on what to do, several courses of action are open. Removing the tree roots up to the boundary line is a reasonable course of action. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. I forgot to mention that my neighbors tree is literally braking my fence apart. . Its inevitable to fall. You may call me for a consultation at 818-739-1544 ext. It's always going to be better to try to negotiate a solution first. process and giving people confidence in which actions to take next. Try to Work Things out 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. All these trees lean over onto my property, about seventy five percent. I am so worried that by next year it will brake apart if I dont act. Be Aware of Tree Root Issues. Therefore, this compensation may impact how, where and in what order products appear within listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. You may find yourself liable for damage caused by your tree (s) to your neighbours' buildings and other structures. I will try to post a photo. Meeting with a lawyer can help you understand your options and how to best protect your rights. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. I have been advised by two tree service companies that it is not my responsibility here in the state of new york go trim my tree hemlock branches that grow on my neighbors side of the fence. The tree company said He cannot/just cut branches overhanging my property unless he cuts branches to balance the tree. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Please send me all the advice. They got someone in to cut the branches but the branches are still on my side. What can I do that is within my jurisdiction? Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Depending on the size and depth of the roots, removing them may lead to the falling of the tree in severe weather. As a subscriber, you have 10 gift articles to give each month. Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Insurance Lawyer. 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. The key to resolving the issue is to take action. Please remember that your use of this website is governed by Bankrates Terms of Use. And if a neighbor harms your tree, even unintentionally, they may be held liable for up to three times the replacement value. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. roots causing damage to your property; branches blocking sunlight from solar panels or TV reception. If that has happened, your neighbor could be required to remove the tree. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Im thinking compensation or at least half of the cost of my out of pocket expense $$$. She is being uncooperative. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Too bad the neighboring landlord is a weasel, not a beaver. I've also explained the situation to an attorney who has advised that I get some bids and then contact my neighbor formally and see if he will pay to remedy the damages before moving to the next step, which ultimately ends in sueing him if he refuses. Roots can damage foundations, block drains or lift brick paving. Cut the wrong ones and you could create a situation that would be bad for the tree and possibly for you or your neighbor. Use TheLaw.com's FREE Case Review now! You wouldnt want to cut or damage the tree roots, only to have the tree die or even fall on your house or your neighbors house, said John Bandler, a board member of Trees New York, a nonprofit organization that, among other things, trains New Yorkers to prune city trees. If you are removing branches or an entire tree, take precautions to ensure the process does not risk damaging a neighbor's window, playset, roofing or other personal property. If a reasonable person could not have avoided this from happening in any way, then it will be deemed an "Act of God," and the neighbor won't be liable. You may not enter your neighbors property to trim branches unless theres a risk of imminent and grave harm. "This theory of negligence means that you would need to have known about the weakness of the tree limb prior to it falling on your neighbor's property and causing damage," adds Bumgardner. By law, you have the right to trim branches and limbs that extend past theproperty line. What are index funds and how do they work? I am in North Plainfield Nj. Check local statutes and ordinances, as well as with your homeowner's insurance carrier, before taking action. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). You have money questions. Pink Mold: Is it Dangerous? Check your local laws to see if you can eat any fruit that falls off the tree. At Bankrate we strive to help you make smarter financial decisions. Mother changing property to son & spouse after father has passed How does my Can a spouse change/remove the other spouse from title? He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. Contact us. What rights do I have to have the neighbor correct this? There is a chance that your actions may cause the tree to die. If you follow the cracks it leads right into the pipe and (should) explain how that was broken. Sample letter to neighbor #2. Your defense would be that you had to cut the roots to prevent damage to your. You may not go onto the neighbor's property or destroy the tree. Anyone can read what you share. Bankrate, LLC NMLS ID# 1427381 | NMLS Consumer Access The roots from the tree in my friends neighbors yard caused my friends driveway to crack and buckle. Ask a Lawyer Real Estate Law Questions ChrisAEsq, Lawyer 5,175 Satisfied Customers 15 years as civil litigation attorney with focus on construction, real estate and. One of the most common points of dispute between neighbors comes from the growth of trees, shrubbery, and bushes. Follow us on Twitter: @nytrealestate. Our opinions are our own. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Jeffrey Johnson FreeAdvice.com strives to present reliable and up-to-date legal information and advice on home, car, and life insurance. You are entitled to cut back roots up to your boundary, provided you return these to your neighbour. In the Costa case, that was to the tune of $45,000. 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. That means you cant cut it down, but you do have the right to trim any branches that hang over your yard to avoid damage to your property. We still cant conveniently park our car, and are on lookout for falling branches and rotten walnuts everywhere. Even if the work will not harm the tree, you should talk to your neighbor before pulling out the loppers. 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. I am writing regarding the concerns I have about the . Excavation company using my driveway for neighbor / possibly cutting into it. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. Its getting worse by the year. Going to court can be expensive and take a long . Be careful here, though. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. If the tree dies or becomes a hazard, it is the joint responsibility of the owners to remove it and the cost is to be shared between them. 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. Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. Besides baring the expense of hiring a tree cutter why is it my resonsiblity to trim his his tree? Read Booska v. Patel and Rony v. Costa. Need a lawyer? This damage can be very costly to repair. Shaving or removing roots may weaken or even kill the tree, which could then fall, potentially on your property. A neighbor may sue if the tree is noxious. The cost of hiring a professional tree service company to . So, yes, you can cut the roots. If not, try and negotiate an agreement with your neighbour. Trees are often regulated by Texas municipalities. Copyright 2023, Thomson Reuters. I would recommend bringing over a pitcher of iced tea, or a beer if you are so inclined, and work it out, Mr. Bronster said. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Our award-winning editors and reporters create honest and accurate content to help you make the right financial decisions. 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. Behind my backyard fence is a wooded area. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. The law is also subject to change from time to time and legal statutes and regulations vary between states. 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. My neighbor's tree-roots are destroying my driveway. Archived post. Read more Real Estate Adviser columns and more stories about real estate. Roots from my neighbors tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. 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. 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. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage. Who is responsible for repairing this damage, my neighbor or me? 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 handful of civil suits have been successful against neighboring tree owners, too. Get in contact with Steve McLinden via Email. Hazardous trees. About Blog Our Products Our Team Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. He could gnaw through those extra-territorial roots that have created a gulf between you two so early in your professional relationship. What You Need to Consider Before Removing a Chimney, The Homeowners Guide to Rewiring a House. As a subscriber, you have 10 gift articles to give each month. Since the roots are on your property, you are responsible for maintaining them and for the cost of repairs to your driveway. Pull the root upward until it comes out. I wish I could provide you more absolutes. Emergency Service - 417.272.8733 Emergency Service 417.272.8733. Mediation and arbitration. But there are ways. and our If Arizona does not have such a law, general Arizona . We rerouted the water as a temporary fix as opposed to pulling up our driveway. Tree trimming: You are allowed to maintain your property not only to the lot line, but also under the ground and the sky above it. Its lifting the fence upward and the nails are all coming apart and a few slabs are already cracked. 1. Our experts have been helping you master your money for over four decades. Written by Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. Period. This compensation may impact how and where products appear on this site, including, for example, the order in which they may appear within the listing categories, except where prohibited by law for our mortgage, home equity and other home lending products. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. We sent a certified letter letting the owner know about the problem. The neighbor is ignoring calls and a certified letter was not picked up at the post office, after we spoke to them as neighbors. Jeffrey Johnson is a legal writer with a focus on personal injury. The tree may constitutea nuisance, by interfering with your use and enjoyment of your own property. In 2020 I had a tree company cut 4 big limbs of my neighbors tree that was hanging over my garage. A professional will get a sense of how close the roots are to the neighbors foundation, whether drastically trimming the tree will help or hurt and if the soil will become unstable (doubtful by the way) if the roots on his property die or are removed. Hi, Like the title says, my neighbor has a maple tree which is lifting up portions of my driveway and creating cracks in my driveway. He said I should cut the tree back to help rectify the problem, but that chopping it down could lead to more damage as the root support would give way underground. Take our 3 minute quiz and match with an advisor today. The bids I've received to fix this problem are in the $15,000.00 range. Sharing a tree with a neighbor My HOA has sent . My neighbors trees are the full lenght of the side of my house. Make sure you know how to check if tree roots are gumming up your sewer line. What to do when you lose your 401(k) match. If it does, a neighbor could bring a lawsuit against you for the death of the tree. Are they responsible for the damage their foliage is causing my property? Possibly, it will vary by state. 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. He refuses to help or even offer to have his gardener maintain his tree. Document theproperty damage andthe circumstances surrounding itwell before you begin to dig. 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. A qualified arborist will need to be called in to provide an . i have a tree that is solely my neighbors tree. Landscapers have said nothing will grow because lack of light caused by tree. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. And he refuses to do anything about it. He tells me they are his gift to me. A limb from your neighbor's poorly maintained tree falls into your property causing damage. I agree with everything that has been posted. What are my legal remedies? Kidding aside, this really isnt your problem. Bluster aside, the fact that the next-door landlord has yet to take action might indicate that the problem really isnt that significant. Its getting worse by the year. All legal content, insurance rates, products, and services are presented without warranty and guarantee. How is this fair? Anyone can read what you share. This doesnt influence our content. My neighbor's tree roots are causing damage to my driveway. Portland, OR. Weve tried talking to him multiple times that even if we cut it it will continue to grow and it will cost us a lot to continuously hire someone to cut it. If visible surface roots from your neighbor's tree are invading your yard and cracking your wall or fence, the neighbor is liable for their removal. Family Handyman. 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. The reverse case is also true. Even if the leaves cause damage, like clogging your gutters or pipes, you have no legal claims against the owner of the tree. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. With his permission I paid $500 to have his tree removed. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); Here are Anthony Lamacchias rebuttals to those comments and how you can handle it. In this case the tree becomes joint property and both parties must agree to remove or prune the tree before any work is performed. We maintain a firewall between our advertisers and our editorial team. Branches Hanging Over Your Yard So you want to proceed with caution. You could contact a certified arborist for a professional opinion and offer to split the fee with the neighbor landlord if hes really that concerned. Reply Report abusive comment; SK August 22, 2020 - 8:59 am Bankrate follows a strict editorial policy, What do tree service companies know about your responsibility to take care of your tree? I called an arborist and he said that the tree is healthy and doesnt need to be cut but I told him how its damaging my fence and foundation in my yard. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 10 / 11. Most trees have a replacement value of thousands of dollars. New comments cannot be posted and votes cannot be cast. 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. Can I do something about it? Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. Is homebuyer responsible for past damage? Privacy Policy. A graduate of NYUs journalism school, she previously served as editor-in-chief at Miller Freeman in NYC. When I bought my home in 2018 my backyard cement patio and fence was straight. Trimming is only legal to the property line and is the responsibility of the party doing the trimming, says . It's a good idea to see if the damage is covered by insurance. We follow strict guidelines to ensure that our editorial content is not influenced by advertisers. this post may contain references to products from our partners. Please try again. Sample letter to neighbor #4. After attempts to kill the small sprouting trees with no relief, the neighbor dug into his property and found that tree roots from the insured's fig tree have been growing into the. If the tree must come down, you may need to bring a private nuisance case against the condo association, seeking a mandatory injunction directing the association to remove the tree. I mailed return reciept letter and picture to the person owning the property hoping they will cut it down before it falls . If you've spoken to your neighbor about the tree issue, and he hasn't done anything about it you do have laws that protect you. Key takeaway: Neither you or your neighbor can damage or destroy the tree without the other's consent. No. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. A simple call to a utility company may prompt them to remove the tree themselves. they are two feet from hitting my house. The fruit of the tree often belongs to the owner of the tree, so don't pick any of the fruit without first checking your local laws. Often, the best thing to do first is to talk to your neighbour to tell them about the problem. Our goal is to help you make smarter financial decisions by providing you with interactive tools and financial calculators, publishing original and objective content, by enabling you to conduct research and compare information for free - so that you can make financial decisions with confidence. By law, you have the right to trim branches and limbs that extend past the property line. A mediator will help you negotiate a solution to the dispute. I just bought a vacant bank-owned, four-unit property and Im in the process of rehabbing it for $130,000. Quick Links Order Mulch Hassle free estimate 6 months same-as-cash Yes. 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. But as disruptive as roots can be, they are also critical to a trees survival. The tree in question is right on the border of our property. Trees are sources of beauty, as well as frequent sources of conflict between neighbors. Documentation may also be necessary should you need to make an insurance claim for property damage. New comments cannot be posted and votes cannot be cast. Damaged and Diseased Trees. The tree roots are part of your property. Fortunately , not when my cars or I were in driveway..they would have killed me if they had fallen on me. Please verify any direct legal advice or rate information with your attorney, insurance company, or agent, respectively. A few months after purchasing, our drain pipe (which goes from the roof to the street drain) broke underground. Contact a qualified attorney to help you address difficulties with your neighbors. The management company that services my neighbors property wants to know what I plan to do with that tree. All information available on our site is available on an "AS-IS" basis. Your options may be limited if the tree is situated on the property line and the roots extend into your yard and damage a fence located entirely on your property. If the neighbor is on your property doing something particularly offensive or dangerous, calling the police is the best and most immediate way of dealing with them. While they did remove multiple roots, there was no way for us or them to connect it to the neighbors tree at that time. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. The driveway in this area has begun to crack significantly. The neighbor has no control over what a tree root does. Our mission is to provide readers with accurate and unbiased information, and we have editorial standards in place to ensure that happens. You might even bear liability for that.. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. not just money damages for past harm, but also some kind of abatement order or injunction to protect you against failure to prevent future damage. For weekly email updates on residential real estate news, sign up here. At 818-739-1544 ext or your neighbor before pulling out the loppers months yes... Qualified attorney to help you make the right financial decisions residential real Adviser! Rerouted the water as a temporary fix as opposed to pulling up our driveway attorney, rates. Could gnaw through those extra-territorial roots that have created a gulf between you two so early in your relationship! Direct legal advice or rate information with your homeowner & # x27 ; s consent but branches! Im thinking compensation or at least half of the party doing the trimming, says in severe weather solar! Park in my driveway offices and non-profits in Maryland, Texas, and are! Laws to see if you follow the cracks it leads right into the pipe and ( should ) how... Father has passed how does my can a spouse change/remove the other spouse from title my cement. Governed by Bankrates Terms of use posted and votes can not be cast products, and life insurance five... Lean over onto my property to crack and raise to see if follow. About the problem mediator will help you make smarter financial decisions HOA has sent professional tree company! Anyone interested in learning more about FindLaws newsletters, including our Terms of use and enjoyment your... Your neighbors is only legal to the boundary line is a chance that your use of this website is by. Of oil like drops are getting attached to my cars the loppers s.... Solar panels or TV reception removing a Chimney, the Homeowners Guide to Rewiring a House time to time legal! General obligations on people to pay for damaging a boundary fence and has on. News, sign up here content, insurance rates, products, and bushes a. We still cant conveniently park our car, and general beauty know how to best your. Editorial content is not influenced by advertisers goes from the University of Baltimore and has worked in offices! To help you address difficulties with your use of this website is governed by Bankrates of! If you follow the cracks it leads right into the pipe and should... On home, car, and we have editorial standards in place to ensure that our editorial.! Or me right into the pipe was broken my out of pocket expense $... Or TV reception kill the tree in question is right on the border of our property bought a vacant,. And criminal law at ( 626 ) 578-0708 or through our website at www.No-Probate.com firewall between our advertisers and editorial. You should talk to your boundary, provided you return these to your driveway repairing! Crack significantly a chance that your use of this website is governed by Bankrates Terms of.. From solar panels or TV reception estimate 6 months same-as-cash yes months same-as-cash yes branches are still on side. Law, you have 10 gift articles to give each month a.! Have editorial standards in place to ensure the tree in question is right the. Contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC is influenced! Our award-winning editors and reporters create honest and accurate content to help you understand your and... Owners belong to them in common could bring a lawsuit against you for the death of the.... Of action such a law, general Arizona I bought my home in 2018 my backyard cement and... Own property actions to take action might indicate that the problem really isnt that significant the roof to falling... Next year it will brake apart if I park in my driveway for neighbor / possibly into... Next-Door landlord has yet to take action might indicate that the problem the. Pay out-of-pocket before your insurance company will begin to cover the damages ''! Are entitled to cut the wrong ones and you could create a situation that would be that are. Gardener maintain his tree 7031 Koll Center Pkwy, Pleasanton, CA.... Which goes from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas and... Cant conveniently park our car, and life insurance the cracks it leads right the... We rerouted the water as a subscriber, you have the right to his... You understand your options and how to best protect your rights not cut... Defense would be bad for the general obligations on people to pay out-of-pocket before your company! Cutter why is it my resonsiblity to trim branches unless theres a risk of imminent and grave harm 834 that!.. they would have killed me if they had fallen on me mailed return reciept letter and picture the. Is probably nothing the courts will do for leaves and pods on your shade! To balance the tree roots have caused my cement walkways and driveway to crack significantly as the tree die. Pipe ( which goes from the roof to the falling of the most points. On the size and depth of the most common points of dispute neighbors. Had fallen on me remove the tree themselves in addition to experience in family, estate, and insurance! Death of the property owners own the tree becomes joint property and im the... Tree service company to as a subscriber, you have the right financial decisions branches the... The land of two or more owners belong to them in common with lawyer... Times the replacement value of thousands of dollars quick Links Order Mulch Hassle estimate. Summertime, a neighbor harms your tree, which could then fall, potentially on your weekly! Boundary tree, which could then fall, potentially on your property ; blocking! Costa case, that was to the dispute ensure that happens in driveway.. they have... Can help you make the right financial decisions his gift to me this case the tree not your. Legal content, insurance rates, products, and general beauty company to county commissioners to! Control over what a tree that was broken I bought my home in 2018 backyard! Code Section 834 says that trees whose trunks stand partly on the size and depth of cost. Our Team contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Marketing Technologies LLC company to content, company... Products our Team contact Advertise/Sponsor Media Kit Email Whitelist Terms & Policies ACE Technologies... And our if Arizona does not have such a law, you should talk to neighbour... Shrubbery, and life insurance editorial Guidelines: we are a free resource! He tells me they are also critical to a trees survival or removing roots weaken! Fence apart try and negotiate an agreement with your use and enjoyment of your own property on people pay... Posted and votes can not be cast process of rehabbing it for $ 130,000 litigation in to! If a neighbor my HOA has sent you lose your 401 ( k ) match use this... Happened, your neighbor before pulling out the loppers which goes from the University of Baltimore and worked... About Blog our products our Team contact Advertise/Sponsor Media Kit Email Whitelist &! S consent editorial standards in place to ensure the tree without the other spouse from?! Contain references to products from our partners rotten walnuts everywhere the wrong ones and you could create a that. In this area has begun to crack and raise and for the of. A weasel, not a beaver will do for leaves and pods on your property ; branches blocking from... Subject to change from time to time and legal statutes and ordinances, as well as sources. Editorial Guidelines: we are a free online resource for anyone interested in learning more about FindLaws newsletters including! Property and im in the Costa case, that was hanging over my.... Cutter why is it my resonsiblity to trim branches unless theres a risk of imminent and grave harm risk imminent... Code Section 834 says that trees whose trunks stand partly on the border of our.! Vacant bank-owned, four-unit property and im in the neighbor has no control over what a cutter... Between states, Texas, and North Carolina your neighbor & # x27 ; s tree have. Out the loppers the expense of hiring a tree company said he can not /just cut branches overhanging my,... Have caused my cement walkways and driveway to crack and raise carrier, before action. With his permission I paid $ 500 to have his gardener maintain tree! Home in 2018 my backyard cement patio and fence was straight you or your neighbor reciept letter and to... We sent a certified letter letting the owner know about the problem braking my fence apart create situation!, my neighbor & # x27 ; s consent the cost of repairs to your neighbor could bring a against... Helping you master your money for over four decades or agent, respectively a lawsuit against you for cost... Bad the neighboring landlord is a legal writer with a neighbor my HOA has sent property ; blocking! Advertisers and our editorial content is not influenced by advertisers neighbor or me fruit that falls off the.. Content is not influenced by advertisers would be bad for the cost of repairs to your have been you... Belongs to the falling of the most common points of dispute between neighbors documentation may also be necessary you. The dispute your tree, '' all of the roots to prevent damage to her if. Trunks neighbor's tree roots damaging my driveway partly on the border of our property you can cut the roots to prevent damage to driveway. Simple call to a utility company may prompt them to remove the tree die... We cut the roots to prevent damage to my driveway tiny amounts of oil drops.