What can I do if my garage is being damaged from roots of a neighbor’s tree?
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What can I do if my garage is being damaged from roots of a neighbor’s tree?
We are looking for an expert on real estate law. We have a situation where a
neighbor’s tree is growing into and causing significant damage to our detached
garage. We have already contacted arborists / tree surgeons to understand whether we could simply cut the tree roots, however the garage butts up right to the property line and cutting roots would not be possible without compromising the tree. We have talked with the township, homeowners insurance, arborists as well as contractors to try to understand the best path forward to complete repairs. At this point we are being told that the trees need to be cut down in order for us to initiate repairs. We have been trying to work with the neighbor but they are not cooperative.
Asked on November 13, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the neighbor has knowledge or notice (i.e. has been made aware) of the damage but refuses to correct it, you could sue them for the cost to repair the damage that their tree is causing your garage. People are liable when they, or things under their control, cause damage to other's property and they have knowledge that the damage is occuring. You may also be able to sue for an seek a court order requiring that they cut down the tree, to prevent further damage. Suing for a court order (not just money) is procedurally more complex--retain an attorney to help you if you intend to do that.
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