Found an issue on this page? Let us know and we will look into it as soon as possible.
Am I responsible for removing my neighbor's dead tree?
Anonymous2 views3 answers
We trimmed the branches of our neighbor's pine tree that were coming over to our side of the fence. We also cut a root that was pushing up under the fence and buckling our flower bed border. Consequently, her tree died. She wants us to pay to have the tree removed.
If everything is as you wrote in your online post, then her tree remains hers to take down.
I agree with Mr. Garner and his wise observation.
Good luck to you.
NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
Everyone has heard the phrase "good fences make good neighbors," and yet I receive at least a couple of calls a week about repairing a fence, trimming overgrown trees, or resolving a dispute involving damage that either has occured or is about to occur due to landscaping.
Although adjoining landowners have almost an unfettered right to trim encroaching limbs, branches and foliage, that is not the case with tree roots. If roots encroach under adjacent property, you can sever the roots but only if the roots are in fact causing damage and then only if done reasonably (which may mean by a professional). If the tree roots of an adjoining landowner do in fact cause damage and the encroached upon landowner acts reasonably to sever the roots causing damage, the owner of the encroaching tree is liable for the actual out-of-pocket expenses incurred as a direct result of his tree's encroaching roots.
However, If the adjoining landowner negligently severs tree roots and in turn seriously injures, or kills, a tree the owner of the tree may sue. In addition, chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages.
You should immediately contact a local real estate attorney to discuss your options.
For more information, please see my article on Your Neighbor's Fences and Trees (a link is posted below).
Disclaimer: The above is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.
