Am I solely responsible if a the roots of a large pine tree is ruining my neighbors drive?

Question

The (3) pine trees are just barely in my yard between my neighbors home and mine, and these trees were planted well before the homes were built ( actually cleared away) by the builder, I suppose some 25 yrs ago. It's clear that (1) tree root are going under his driveway and has cracked it. He says I need to cut them down so it doesn't crack his foundation. I asked if he would go halves and he said no, there in your yard not mine, and this needs to be done ASAP.
I told him that it would be cheaper to go halves than to pay some $40K in foundation repairs.
My claim is, I didn't plant the trees and the trees were there when we both our homes. Legally, do I have to flip the bill on this all alone since they are in my yard?

Answer 1

Since this sounds like it's getting pretty close to becoming a legal problem, I recommend taking the following steps:

Go to your library or bookstore and try finding some books on the subject. Here's a really good one that seems to be recommended by people with similar problems:
http://books.google.com/books?id=I8PDINuRnkkC&dq=Neighbor+Law
You can see a preview of some of the pages by visiting that link. If you're lucky, you might be able to read the pages that apply to your problem!

Visit your city's website and see if there are any specific laws regarding vegetation and tree growth requirements.

If you are part of a home owners association, contact your representative and request mediation/more guidance.

Consider talking to a lawyer. It may run you a couple of hundred just for the consultation, but if you are able to find one that isn't likely to send you in the wrong direction just to get more money, then this could save you a lot of money in the long run.

If you can't afford a lawyer, or don't want to take that step, a great free law forum can be found here:
http://forum.freeadvice.com/forumdisplay.php?f=108

That's a direct link to the applicable section of the forum (neighbors and boundaries), and I'm a quick search will land you several topics similar to yours.

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Finally, I'm sure you don't want to hear this, but consider just paying to have it removed. You may not have planted it, but it is your property. If you neighbor came over and set it on fire or painted it bright pink, you'd probably get very upset because he destroyed your property. Another example is if you have a septic tank and it overflowed into your neighbor's garden, killing all of their plants. Should you not have to pay because the septic tank was there before you bought the house?

Sometimes it's just good to accept "defeat" and not burn any bridges. You never know when you're going to need a cup of sugar or to borrow a lawn mower.

Good luck!

Answer 2

The part of the tree that is on his side of the property line is his. On your side, yours. Branches that hang over the property line and the roots that go under the property line are his and his responsibility. It the roots are about to damage his driveway or foundation, he should get someone out to excavate and cut the roots back a ways. The same with branches that may be damaging his roof. Its my opinion that you do not have any financial responsibility. And if your neighbor wants to cut down a tree on your property, he needs to get your permission. For the amount of money involved in this, I would suggest getting your attorney to write him a letter. The last thing I would do is tell him you got free advise about this from a bunch of Yahoos.

Answer 3

I think he has the right to rip out the roots in his yard. But I'm not sure. Common sense would say go half but sense he doesn't seem to have any your probably going to have to ask a lawyer. My neighbor tree branches hang in my drive way and I was told I could them straight up to the sky following my property line. So we did. I can only imagine the same would apply to the roots if he knows they are in his yard and ruining something he should dig them out. Good Luck!

Answer 4

This happened to my neighbor when she lived in another place. You need to get real specific on WHERE the trees are, they are either on your property or his, you need to call a lawyer as well. My neighbor got screwed out of a lot of money because the trees were actually on her property although her neighbor kind moved the property lines over by mowing over into her yard and moving her flower gardens back and conveniently 'changed' them back after the tree needed removal. She was operating on his mow lines. You need to get professional advice if there is a percentage of the tree on your neighbors lot and some on yours as well. Don't make assumptoons even on correct moral standing here, bc is sounds like your neighbor is an ***. Protect yourself, he is obviously going to get legally involved in the situation, so you do it first. Better to have the trees removed now and educate yourself on the situation so you don't end up like my neighbor. Call a lawyer, have the property lines traced, and let your neighbor know what's going on.

Answer 5

Where you live has alot to do with what you are responsible for. Where I live, it would be just too bad for your neighbor. I'm not cutting down my trees, and if he takes me to court, he'll end up paying his own legal fees and mine too. If this is a big issue, go see a lawyer in the town where you live. Don't let your neighbor bully you into doing something you don't want or need to do.

Answer 6

I think a lawyer would call your situation "coming to the nuisance" because the problem preexisted either of you arriving there. It is like someone who moves next to an airport and then says they should shut down the planes because the noise bothers him.

I think your offer was generous and he is the one with a problem. If it gets really serious you might need a lawyer to stomp your neighbor.

Answer 7

legally, those trees are in YOUR yard. i know, it's horrible. i had the same problem, but my neighbors were very understanding about it. to avoid taking it to court, just cough up the money. depending on the size of the trees, it will be about a 1000. that's how much we paid for a hugeeeee pine tree.

Answer 8

Probably not. Because the trees were 'in place' BEFORE you or he bought your houses, I think that it is up to him to 'reimburse you' for the loss of your trees, AND to pay to have them 'removed' in such a way that his driveway and foundation are not damaged. I'd check with an attorney to be 'sure' of the laws in your state (get one who specializes in real estate law) ... but that seems to be 'the law' in all of the states I've lived in.

Answer 9

your property,your tree. I'm guessing if it's damaging his property,he as a right to have you cut it down. Tree roots can easily damage foundations.

Answer 10

Depending on your locality I would say yes If the tree is growing on your property and is destroying other peoples,,cut it down or keep on paying the bill...............