Question: Can You Sue Your Neighbor For Tree Roots?

What happens if neighbors tree roots cause damage?

If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots.

As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage.

The tree roots are part of your property..

Who pays when a neighbor tree falls on your property?

When you are the owner of property you are liable as the home owner for any claim of nuisance or negligence made out against you. It is generally advisable to have Home and Contents insurance which will cover you for your “legal liability”.

Is the city responsible for tree roots?

Who is responsible for the damage? Responsibility depends on why the roots entered the sewer lateral. Generally, the City is responsible for damage only when the City has determined that tree roots from a City tree have misaligned or broken the sewer lateral line. In all other cases, the City is not responsible.

Will cutting a large tree root kill the tree?

Root cutting and removal can indeed be accomplished without crippling or killing your tree. … Trunk Proximity – The closer to the trunk that roots are cut, the more significant and severe the damage will be to your tree. 25% Rule – Never remove more than 25% of a tree’s roots. The tree will likely die or fall, or both.

What can you do if a neighbor cuts down your tree?

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. If necessary, you can sue to enforce your rights.

Can I ask a Neighbour to cut down a tree?

In most areas of NSW, before you prune or remove a tree you must apply for permission from your local council. … If the offending tree belongs to your neighbour, many councils require your neighbour’s consent before any work can be undertaken.

What happens if you cut down a tree without permission?

What happens if I cut down a tree without permission? Local councils and cities take tree protection very seriously and heavy fines apply if you remove a tree without first seeking permission. … Other cases are from homeowners removing trees that are blocking their view or dropping too many leaves.

How high can a Neighbours tree be?

According to legal answers for New South Wales, a neighbour’s trees can grow as high as possible as long as they are maintaining the hedge height guidelines. Hedge laws require trees next to a neighbour to be above 2.5 meters in cases where they are more than two.

Who is liable for tree root damage?

It is well established law that an owner of land can be liable for damage caused by trees located on that owner’s land when the roots of those trees encroach upon the land of neighbouring properties. This is referred to in legal terms as a “nuisance”.

Can I throw my Neighbours leaves back?

Technically, the pruned branches and roots remain the property of the owner of the tree, but there is no obligation to return them and throwing them over the fence would constitute a trespass, suggesting that the person doing the pruning should offer to return them and if unwanted use their green bin to dispose of them …

Can a neighbor plants trees exactly on the property line?

The short answer is no. If the tree trunk is on the property line, you are both equally the owner of the tree. It may not be removed without the agreement of both.

What trees can be cut down without permission?

An example of a common regulation that can be found in a Tree Ordinance would be; Any tree with a trunk circumference smaller than 12 inches may be removed without a permit. Anything larger will be considered a significant tree and therefore protected. In this case you will need permission to remove the tree.

Who is responsible for an overhanging tree?

Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.

Can my neighbor cut the roots of my tree?

If the roots, or at least some of them, can be safely cut without hurting the tree, then your neighbor has a right to ask you to do it. Or, even if it would harm the tree, if the damage they are doing to the neighbor’s property is substantial, then maybe the roots and tree need to go.

How do you know if a tree is too close to your house?

How do you know if a tree is too close to a house’s foundation? Generally, trees should sit about 15 feet away from a house. Some large species need a little more room while smaller species can be a bit closer. … If the tree is hanging over the house, or even has branches touching the roof, it’s probably too close.