Property Damage From a Neighbor’s Tree Roots – Your Rights and Options

If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. Your specific rights and remedies may vary depending upon local law. Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. The general rule is that any part of the tree encroaching onto your property is yours to do with as you please. In fact, you could even be considered responsible for its maintenance. 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.

Removing the tree roots up to the boundary line is a reasonable course of action. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging.

Document the property damage and the circumstances surrounding it well before you begin to dig. There is a chance that your actions may cause the tree to die.  If it does, a neighbor could bring a lawsuit against you for the death of the tree. Your legal defense could rest on proof that the tree roots were invading your property and that you cut only on your property. Documentation may also be necessary should you need to make an insurance claim for property damage.  Make sure to obtain estimates of the cost on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots.

Case Studies: Property Damage From Neighbor’s Tree Roots

Case Study 1: Neighborly Cooperation

Sarah encountered property damage due to tree roots from her neighbor’s property. Instead of resorting to legal measures, Sarah took a more collaborative approach. She engaged in a constructive conversation with her neighbor, discussing the issue openly and honestly. They cooperated, hiring a professional tree service, resolving the issue and restoring harmony.

Case Study 2: Legal Boundaries 

John came across significant property damage caused by tree roots originating from his neighbor’s land. Recognizing the gravity of the situation, he sought guidance from a local attorney to better understand his rights in such circumstances. John followed legal advice, removing encroaching roots to protect his property within the boundaries.

Case Study 3: Insurance Coverage 

Mark found himself facing property damage due to tree roots from his neighbor’s premises. Acting diligently, he reviewed his homeowner’s insurance policy and discovered that it covered incidents like these. Mark utilized his insurance coverage, promptly filing a claim and receiving reimbursement for repairs, easing his financial burden.