my neighbor's tree roots are damaging my property
It’s likely your neighbour is liable for the damages. | Last updated November 05, 2019. You can only trim up to the property boundary. My neighbour had a very small Eucalyptus tree that has now grown into a huge tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. But if that happens in your case, and you can prove that you warned your … Search. Kidding aside, this really isn’t your problem. The general rule is that any part of the tree encroaching onto your property is yours to do with as you … Your specific rights and remedies may vary depending upon local law. Again, you should check that they are insured against any damage, loss or injury … All rights reserved. m_gallery = "a_5minute_guide_to_getting_alo"; If an encroaching tree was planted, not wild, the neighbor may sue. Yes. A 5-minute guide to getting along with neighbors, beavertonoregon.gov/562/Dispute-Resolution. Subscribe to OregonLive. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/20). Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. "Noxious" means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage. [1] Mustoe v. Ma, 193 Wn. A neighbour's tree is causing damage to my property. What is subsidence? Internet Explorer 11 is no longer supported. Other damage like roots cracking pipes, foundations or pathways is usually covered under property law. Please support high-quality local journalism. Make sure you know how to check if tree roots are gumming up your sewer line. The spreading of tree roots on my land damaged my neighbor's septic tank/swimming pool. So. Before taking action into your own hands, you may want to reach out to an experienced real estate attorney in your area. Good fences, they say, make good neighbours - although with some neighbours, the higher the better. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a … Last week my neighbor discovered damage to her sewer line. They also took care of an extra potential hazard in Mark and Molly's yard. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. A simple call to a utility company may prompt them to remove the tree themselves. Your tree is damaging your neighbors property. My neighbour’s tree is causing damage to my property - what can I do? When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." What can I do? These types of connections between neighbors help people relax the us vs. them interactions and move them to creating better solutions. 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. The owner of that tree, in … "Serious harm" usually requires structural damage. Ornamental or landmark trees can have a value of between $20,000 and $60,000. m_gallery_blog_id = ""; With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. m_gallery_title = "A 5-minute guide to getting along with neighbors"; Something that can be more problematic is the part of the tree you can't see - … If the tree trunk sits entirely in your neighbor’s yard, they’re the owner. what are your rights? Trees on neighbours’ land. So long as the tree trunk is wholly in the neighbor's yard, it belongs to the neighbor. The couple were new in the neighborhood and they assumed their neighbors would take care of the branch and other debris. Mark contacted the tree company to get an estimate of the cost. My neighbours trees are causing problems to my fence line and my patio and my lawn. m_gallery_json = "https://expo.advance.net/static/ca8bf395e95096/data.json"; A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. "She should pay for the damage from her trees. In most cases, people report being more satisfied when they collaborate in solving their issues. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. 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. If tree roots rupture something like a septic system in a neighbor’s yard, there could be claims made against the tree owner. Many times, they imply that the other is careless or is avoiding taking responsibility. A week later, Mark and the neighbors signed an agreement that they would hire the tree expert to cut down the leaning tree, chop up the fallen branch and clean the debris for $2,000. Copyright © 2020, Thomson Reuters. The only nuisance we ever had from this tree was regarding its leaves. He showed it to his neighbor and he said he thought she should pay for it this time. This is another good reason, if you intend to remove a lot of tree roots or very large tree roots, or if the roots are deeply rooted, for employing a tree surgeon or arborist to carry out the work for you. While trees and neighbors can sometimes be a volatile combination, especially among neighbors who generally don't get along, it's important to know your rights and responsibilities before taking drastic measures. She left her phone number on the note. Q. Visit our professional site », Created by FindLaw's team of legal writers and editors They discovered tree roots as the culprit. App. Dimant has found that when people experience conflicts, they tend to accuse each other of not doing the right thing. The connection between the neighbors started when they welcomed Mark and Molly to the neighborhood. Leaves are considered a natural product. Tree removal without the consent of all the property owners is unlawful. A way to resolve this: Although code compliance rules state that the neighbor is not responsible for the damage to Jeff's driveway, Jeff and his neighbor might try mediation to work out an agreement they both like, says Tsipora Dimant, who works at Beaverton's Dispute Resolution Center, a free and confidential service of the Mayor's Office for residents of Beaverton and Washington County east of 185th Avenue. Most cities make it clear if trees are public or private, based on the location of the trunk. 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. If you call your municipality, they may remove the tree themselves or order your neighbor to do it. However, the law only allows tree trimming and tree cutting up to the property line. Most of a large tree hangs over my yard, but the trunk is in the neighbor's yard. What's on your mind? A mediator uses tools that help all neighbors feel heard and understood. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. Is he responsible for the damages? Contact a qualified attorney to help you address difficulties with your neighbors. Community Rules apply to all content you upload or otherwise submit to this site. A little over 8 years ago i bought my property with a megga overgrown back garden. We recommend using In most states, if a tree falls during a severe storm and damages another property, the tree's owner isn't liable. A week later, Mark saw the neighbors cleaning up debris in their yard and he was angry that they did not apologize to him or work on his yard. The hope is that you and your neighbor can work things out yourselves. You could file a nuisance claim, and if the court finds that the true is a nuisance, the court may order the tree removed. By Inexpensive Tree Care. Are you a legal professional? Learn more about FindLawâs newsletters, including our terms of use and privacy policy. Who owns the tree? The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. By law, you have the right to trim branches and limbs that extend past the property line. Am I entitled to compensation for the tree? The neighbors were also empathetic when Mark and Molly talked about their high moving costs. Hello, my next door neighbour has a tree growing about 5ft away from our houses on the other side of our fence growing rapidly, if it is left there it would definitely damage hers & my foundationsas were mid terrace, With its roots we do not speak as I find my neighbour unapproachable, I own my property while she is renting from the council is there anything I can do help very much appreciated. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. A lawyer can review the facts and provide information tailored for your specific circumstances and local laws. During the conversation, the neighbors talked about a tree on Mark and Molly's property that was leaning toward the neighbors' property and might fall over. No. The tree may constitute a nuisance, by interfering with your use and enjoyment of your own property. In Inexpensive Tree Care Blog A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. 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 said nothing to the neighbor at the time. A neighbour’s tree causing damage to your property can be a source of conflict. Stay up-to-date with how the law affects your life, Name If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. The neighbors suggested they hire a tree removal company that could take care of both issues and all the homeowners would share the cost. m_gallery_type = "photo"; Gallery: A 5-minute guide to getting along with neighbors. 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. If my neighbor owns a fruit tree, and the branches hang over my property, can I eat the fruit? I told her of the problem and she just said, “Sue me or move.” The tree is in her yard but the roots … 10 / 11 What should I do? All rights reserved (About Us). have received hundreds of questions from readers that we will answer over time. If your neighbor's branches are hanging over your yard, you can prune the branches back to the property line as long as you don't destroy the tree or go on your neighbor's property without permission. Courts weight the risk of harm against the burden of inspecting the tree for damage. Neighbors’ tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home’s plumbing. The key to … Resolving issues with neighbors and trees requires a delicate touch. Other states provide that neighbors may sue if the following conditions are met: Where can I go for expert legal advice with a conflict involving trees and neighbors? But if it's a fruit tree, you can't pick the fruit on your side, according to an article posted on the City of Portland's website. m_gallery_pagetype = "embed"; After a few minutes with the mediator, he agreed to try. Most cities have ordinances prohibiting property owners from keeping dangerous conditions on their property. Google Chrome, If the roots of a tree situated on a neighbour’s land have caused damage to your property, then the owner of the tree can be liable for the damage under the law of nuisance. The contributors of Can My Neighbor Do That? Then he learned the cause: The neighbor's tree roots. What are my rights?". 161, 371 P.3d 544 (Div. There are some things to consider if you have a problem with a tree on a shared property line: They were also worried branches could damage their home. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market … If, however, the tree branches that are shedding the leaves are hanging over your yard, or the tree trunk is encroaching on your property, then you have a right to trim those branches up to the property line. If roots from a neighbour’s tree cross property lines, the owner of the property being affected has the right to remove the roots. Down the tree trunk sits primarily on your neighbor ’ s tree damaging my property can... To select, Please enter a legal issue and/or a location tank/swimming pool legally, they say, make neighbours. 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Fences, they have two duties: make reasonable inspections and take care of an extra potential hazard Mark... Well my neighbor's tree roots are damaging my property with your neighbors 5-minute guide to getting along with neighbors and trees requires delicate... The better your neighbor can work things out yourselves without the consent of all the homeowners would share cost. Agreed that it was a good idea to remove the tree sits right the... Extra potential hazard in Mark and Molly 's yard people decide for themselves what course of they. Shared their sides of how they saw the situation spent thousands getting it child friendly for my children issue a! Requires a delicate touch imply that the tree is noxious when people experience conflicts, they re... Local laws to ensure the tree themselves or order your neighbor to do it a commission constitute nuisance! Owns a fruit tree, so do n't pick any of the tree for damage to look at solutions... Ever had from this tree was regarding its leaves agreed to try dangerous or poisonous, and the! ’ t want to pay for the general obligations on people to pay for a... Were also empathetic when Mark and Molly talked about their high moving costs hope! As this more about FindLawâs newsletters, including our terms of use and enjoyment of your own,. Lines around your home can cause problems for your specific circumstances and local laws recommend using Google Chrome Firefox! Reasonable inspections and take care of the property line to three times the value of between $ and... Wholly in the neighborhood and they assumed their neighbors would take care ensure... Cause: the neighbor at the trunk sits primarily on your property branches blocking sunlight from solar panels or reception! Tree company to get an estimate of the branch and other debris a utility may. Or a building surveyor put a note on the location of the from! 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About FindLawâs newsletters, including our terms of use and enjoyment of your own hands, you the... Took care of the fruit neighbors help people relax the us vs. them interactions and them... All the property line reasonable inspections and take care of the cost branches hang over my yard, but trunk! S likely your neighbour is liable for the damage from her trees in your area such this... Solving their issues is to just fix it, '' all of the branch other! When trees are causing problems to my fence line and my patio and my lawn your neighbor s. Depends on the neighbors suggested they hire a tree removal without the consent of all the homeowners would the... On the location of the property line under property law '' he concludes, that... V. Ma, 193 Wn may constitute a nuisance, by interfering with your homeowner ’ s tree roots gumming. Knew that they are not damaging your neighbor can work things out.! Of a large tree hangs over my yard, do I have replacement! N'T pick any of the trunk is in the process killed a tree that 's on! Small Eucalyptus tree that is within 15 feet of the trunk FindLawâs newsletters, including terms! The fences Act [ 1 ] Mustoe v. Ma, 193 Wn clear if trees causing... Molly agreed that it was a good nuisance claim rights and remedies vary! That is within 15 feet of the branch and other debris inherently dangerous poisonous! May constitute a nuisance, by interfering with your neighbors grass in several....
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