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What is my liability regarding tree roots approaching a neighbor's yard?
Anonymous2 views1 answers
My neighbor told me that our tree roots are approaching his property line. We have an easement between the two properties, but my neighbor feels this is all his. He informed me that he cut our tree roots up to our property line. What is our liability should the tree roots approach his property? Did he have the right to cut these roots, before consulting us?
Unfortuneately, if the tree roots on your property are causing damage to your neightbor's property, he does have the right to cut them without consulting you first. The roots of your tree are causing a continuous trespass onto your neighbor's property which by definition of being a trespass causes damage. I have not heard of a case where a person cut off a neighbor's roots though, unless the roots were detroying a stone wall, fence or other obstrucition and do not know if this would make a difference to a court. Often courts talk about how the invading roots also cause a private nuisance and use the private nuisance law to permit the root removal. Additional research and a better understanding of the facts would help get you a better answer.
