What to do if my neighbor is concerned that the roots from my trees in are damaging his driveway and they want me to have them removed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my neighbor is concerned that the roots from my trees in are damaging his driveway and they want me to have them removed?
I have 2 large evergreen trees; they have been there since before either of us moved in 20 years ago. They provide a desirable barrier between our house and the street. Removal costs are extensive as the trees are huge. He has also raised a safety concern as 2 winters ago 2 large branches reportedly fell in his driveway. Nothing happened this winter. There has not been a professional evaluation as to the health of the trees and I question their danger. Am I legally responsible for removing the trees? And, if so, must I pay the entire cost myself?
Asked on May 3, 2012 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Your neighbor cannot force you to remove the trees; but he can hold you accountable for any damage they do to his property, or any inuries they cause to persons, after he has provided you notice (as it seems he has) that they are posing a risk of such damage or injury. You can decide for yourself whether, in view, the risk of such damage, the cost thereof, and any attendent costs (e.g litigation, if you are sued) outweighs the cost of removal; if you conclude the danger is exaggerated or unlikely, you don't have to act--just be aware that, having notice of risk, you could potentially be liable if something does occur.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.