She will allow me to cut the tree root, but wants to leave her tree. If I replace my driveway, $3,000.00, and it raises again is she responsible to cut her tree down or pay for repair?
2006-09-03 04:53:10 · 7 answers · asked by jayabird 1 in Home & Garden ➔ Maintenance & Repairs
Well...really, this situation is clearly unforseeable. It's like when the leaves die on a tree and the wind blows them onto a neighbors lawn, the land owner of the tree is not responsible for picking up the leaves in someone elses yard. You however have the right to prevent this tree's roots, limbs, branches from comming onto your property.
Basically the main thing is you have to protect your property against unforseeable situations. http://www.oregonlive.com/portland/oregonian/index.ssf?/base/portland_news/1142135709177440.xml&coll=7
A Similar Situation.
2006-09-03 05:07:14 · answer #1 · answered by Self Awareness 2 · 1⤊ 0⤋
She does not have to cut her tree down. You can cut any roots or branches from her tree that overlap onto your property. Because your neighbor cannot control the root groth of her tree, she is not responsible for the damage. It is considered an act of God and your homeowner's insurance should pay for it.
2006-09-03 05:00:39 · answer #2 · answered by robsrecordbin 2 · 0⤊ 0⤋
careful cutting roots it could weaken the entrenchment and the first big winds and or rain you could have a tree inside your house, with this in mind call a tree specialist and submit the bill to her, a small claims judge would make her pay for half of any costs of any repairs or replacement, the same principal as a property line wall.
2006-09-04 04:52:23 · answer #3 · answered by anthony p 3 · 0⤊ 0⤋
I agee to what has been said. Make sure you have it in writing that you made her aware of your intention of cutting the root. If it is a main root. in the long run it may kill her tree and she would need to remove it anyways.
consult an Arborist
2006-09-03 05:20:16 · answer #4 · answered by ric_ozz 3 · 0⤊ 0⤋
You can cut it or drive a copper nail into it (to kill the tree) or dig a hole next to the root and pour Pramitol into the hole(again will kill tree)
2006-09-03 05:27:35 · answer #5 · answered by paulofhouston 6 · 0⤊ 0⤋
Legally, you can cut the roots at the property line. That's all.
2006-09-05 11:46:03 · answer #6 · answered by Anonymous · 1⤊ 0⤋
thats something you need to ask legal services, she maybe responsible to have your driveway replaced also.
2006-09-06 03:14:17 · answer #7 · answered by duc602 7 · 0⤊ 0⤋