If roots of a large tree were damaging my pool, I'd cut it down. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? Q. Can my neighbor sue me for our tree roots damaging the wall and pool when it happened before I bought the house? This is a litigated case where the neighbors trees have cause excessive damage to the property line wall, swimming pool, and decking. Q: Hello, Mr. Jones. Your specific rights and remedies may vary depending upon local law. 1 marked as helpful Tree roots constantly seek a water source, in doing so, they can spread very deep or very shallow and in a very large radius from the trunk. ymmv. My neighbor is complaining that my pool is killing her trees. My wife and I own a home in Suisun City and the tree roots from our tree are growing into the next-door neighbor’s yard. My neighbor is suing me for their pool leakage and cracks on the deck. The hope is that you and your neighbor can work things out yourselves. Below you will find references to areas of Texas law related to trees. Sometimes, no matter what the law dictates, it's better to spend money to fix a situation instead of paying the same money to a lawyer and losing a neighbor. OTOH, that lady needs to realize that her favorite tree is damaging your property, and that her right to shade doesn't trump your right to a pool, or an unbroken slab, or a planter. But we understand that while fences may make good neighbors, a tree that’s actually causing property damage can definitely make for a tense situation. If a tree falls into your neighbor’s yard, typically your insurance company will get involved, if it fell over due to an act of nature. They say we are responsible to have them removed. also, consider that excavating adjacent to the pool without Trained tree maintenance professionals can safely remove or sever up to 25 percent of the root mass of a tree without endangering the tree's survival. Trees that cross boundary lines between neighbors can cause a lot of confusion as to who owns the tree and whose responsibility it is to maintain. My neighbor's pine tree roots damaged my backyard pool deck and drainage. Tree root problems are not always solved by the removal of the tree, as the stump or remaining roots may continue to grow. Roots from my neighbor’s tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. My insurance agent gave me a … Your tree is damaging your neighbors property. You don’t want to pay for the damage. A network of thick 4" roots is raising the other parts of my back yard.I have reasoned with my neighbor to stop the damage but she wants me to release all my rights and take all. A. Fast-forwarding to Canada in the 20th century, I came across a 1976 case involving damages caused by a neighbour's tree roots on Beemer Ave., in Mississauga. my neighbor's large tree, or a huge branch from the tree damages the fence or wall between our houses or my pool or pool equipment, is he liable? However, utility companies are exempted from this prohibition, under Section 163.3209 of the Florida Statutes. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. 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. How Tree Roots Influence Swimming Pools (in the Long Term) With regards to root growth, concrete pools and fiberglass pools will not be affected if your tree roots grow substantially in the future. Maybe help them find one of these energy efficient appliance grant things that I hear about for a new A/C unit. How can I kill this tree cheaply as they don't seem to care about the damage it is causing. As for the fallen fruits, the courts are still divided on that one. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. Eugenie Mendez complained that the roots of 14 Lombardy poplar trees on the Palazzi property next door had ruined her lawn, rock garden and patio, and were threatening the septic tank, weeping tiles and foundations of her home. Learn about getting compensation for tree damage done by your neighbor, when you may be entitled to recovery for tree damage, & other remedies for tree owners. 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. Plumbing Action When a Neighbor’s Tree Roots Are Damaging Pipes The plumbing side of Lucy’s conundrum is a good deal simpler than the legal side, at least as far as I’m concerned. And there is no point in trying to plead ignorance, you would still be prosecuted. What if a storm knocked down a huge limb from my neighbor’s tree, damaging my The first thing you should do is make sure you are NOT damaging your neighbor’s property. The neighbor has acknoleged the problem and said he would look into it. But there are a number of scenarios where you, the homeowner, could be held liable, like if you knew the tree was dying and didn’t do anything about it before it fell over. 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 tree roots have uplifted my driveway causing extensive damage. I have been told that we are not Generally speaking, when a neighbor’s living tree falls on your house, you need to make your own repairs. A: I received these questions and many more in response to my recent tree article. Removal of tree roots Legal implications of removing encroaching tree roots A tree belongs to the person who owns the land on which it grows. It is planted right next to my brick wall and the invasive roots are not only damaging my pool pipes (right next to the wall) and popping up in my lawn, but now the wall is buckling as well. Can i claim tree root damage to pipes, fence, driveway from insurance? Neighbors tree roots causing damage by uplifting driveway I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. You don’t want to cut down the tree. During the rainy winter, I talked about related issues like what to do when a pipe bursts and why common storm damage to plumbing can come as a surprise . The roots have already lifted the deck in some areas. If you kill it, and let it stand, the branches will get brittle and can break or the tree can fall and hurt someone. The roots have started to lift up some underground pvc water pipes and also have gone under the pool pump that sits on a small concrete slab nearby. It is best to look at the type of tree and the suckering ability of its roots beforehand and then deal with the issue on a case-by-case basis. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. TCM excavated the area to identify, or justify, the roots doing the damage. Although these trees can provide fresh air and a shady spot to picnic, they can also be problematic for property owners – especially when tree roots and branches infringe upon a neighbor’s land. tree is n nature strip so its a council tree and roots are as thick as thick branches some 15 cm or so thick as plumber cut me some when he fixed pipes damaged by roots. For example, if a healthy oak tree on your property fell through your neighbor’s roof due to Hurricane Irma’s winds, you are not liable for those repairs. I have a question about tree roots. The roots will grow around the pool structure and conform to it. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. in mass, tree branches hanging over a property line are fair game for you to chop, and i think roots would be the same. Ok I think this one is a little bizarre but I have to ask this one. … If you love your tree, how about your having the roots cut back professionally so that the neighbors don't damage the tree if they exercise their right to trim back the roots to your property line? I have no idea what kind they but they are at least 15 to 20 years old. Florida law prohibits a neighbor from cutting down a neighbor’s tree or even entering a neighbor’s property without permission from the owner. I have a tree on my property and the roots from my tree have made their way into my neighbor's property. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Whether you are having tree disagreements with a neighbor or are trying to prevent them from happening, the following information on Texas tree-related property laws can help. i think if a neighbor's tree falls onto your property, he's on the hook for it. What do you want to do? We got a professional consultant that looked it over and they said it wasn't the tree root's fault. Initially, you might offer to split the cost with him or even to pay it all, if he will agree and agree that you are not liable to him for any damage to his tree. You might get a tree expert and a contractor to give you a written proposal for removing the roots and repairing your pool deck, with a written estimate of the cost. However, if weeks before the storm your neighbor notified you of a dead tree on your property that posed a hazard, but you did nothing, and it was blown down during Irma, you are likely liable for the damage caused by the dead tree. You may want to check your local laws before you start picking up your neighbor’s fruits that fall on your property. The roots of a tree … Help, we have a pool in the back yard that our gardener said is in major danger of tree roots from the neighbors tree puncturing the inground pool walls. 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