You and your neighbour may be able to work out between you where the boundary should be from the earliest title deeds although to formalise this you may need the services of a solicitor. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Neighbors sycamore tree is large and less than 2 feet from lot line. 1. More than a quarter of us have had our homes damaged by neighbours with damage to shared walls or fencing, accidental damage caused by the neighbours themselves or their children or guests, or damage from their un-kempt gardens, their problems with pests or vermin or from water damage caused by them. Stay up-to-date with how the law affects your life, Name 161, 371 P.3d 544 (Div. Specialist advice should be sought about your specific circumstances. 1, April 4, 2016). If you suddenly discovered that your neighbor's tree had fallen onto your property, you probably asked yourself what caused the tree to fall, who is going to clean it up and who has to pay for the damage. Where tree roots cause damage to a neighbouring property, the owner of the tree can be liable, under the law of nuisance, for such damage. I spent thousands getting it child friendly for my children. Are you a legal professional? what are your rights? Some of the most common neighbor disputes involve fences; fences that are located on the property line between adjoining properties are especially at issue. All rights reserved. No grass will grow in area. The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. Litigation is the slowest method of dispute resolution. Kidding aside, this really isn’t your problem. If there’s a dispute between neighbours about the boundary between their properties then it will be necessary to establish who owns the disputed land. But there are ways. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. My neighbour had a very small Eucalyptus tree that has now grown into a huge tree. Firefox, or Although you can sue for damages if the child was old enough to know what they were doing the reality is that few courts would look favourably on such an action. And if your neighbor's tree falls on yours? The tree roots are part of your property. Just about everyone enjoys trees and other landscaping features, but they can sometimes cause problems with neighbors. A specialist mediator would need to be appointed – either a surveyor who specialises in boundary disputes or a lawyer who specialises in property law or litigation and in either case the mediator has also had specialist training in litigation. It’s likely he made the same assertion to the previous owner who apparently didn’t 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. That's right, even if the tree is rooted in your neighbor's yard, if it crashes onto your property, it's your problem. If not you could always ask your neighbour to check their insurance to see if they have cover for the damage. 23/11/2015 Last Modified: 01/07/2019 Tree roots typically grow close to the surface, and it is not uncommon for them to develop on the underside of hard surfaces such as driveways, which can lead to cracks developing through physical pressure. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. It’s always going … My Neighbor’s Tree Roots Damaged My Driveway When wayward roots threaten people’s properties, it can be hard to spur the owner to action. Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. 2.4 Although encroachment is an aspect of many tree disputes, it is not always a factor. See FindLaw's Neighbors and Trees section for related articles. 4. In that instance, the tree owner would be required to remove the offending tree. Start by talking to your neighbour and asking them to check if their insurance will cover the damage. If a tree limb appeared precarious and the owner failed to maintain the tree after warnings, the owner may well be responsible for resulting damage when a storm causes the limb to fall. If that has now grown into a huge tree always going … 2.4 although encroachment is an of! Plumbing problems and cracking my driveway doing damage to your property then probably the best is... Landscaping features, but they can sometimes cause problems with neighbors and your! 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