neighbor's tree roots damaging my driveway

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My neighbor keeps threatening me that she will sue me for a new driveway because a tree in my back yard is breaking up hers up. If you and a neighbor shared responsibility and ownership of the tree due to property lines, then you should split the cost of the cleanup equally. The council did not care that it was a forest tree in a small garden, blighting the house. And because other people often use your … Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. Some homeowners have trouble with their tree roots when they grow under their sidewalks, driveways, patios, and other shallow, concrete structures. My neighbour replaced his drain pipes, taking water from his gutter to a soakaway. Log in or register to join the conversation. I looked into the legalities of it online and it basically says to let the neighbour know asap to give them time to rectify it and sue them for damages otherwise. The roots have caused cracks & in places have raised the cement as much as 5 inches. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. If they are having to pay for any remedial work that has to be carried out then their legal departments will pursue your neighbour through the courts for any costs. The tree owner sued. It was a lovely tree adding to the area, but lighting the garden. If the intruding roots or branches have caused damage to the neighbour's property (for example, roots cracking pipes or branches damaging gutters or poisoning animals) the neighbour can ask the tree owner to pay the cost of repairs or compensation. We don't even know the species. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. It had a TPO so I withdrew the offer. For example, on a driveway, if it's not possible to exclude the root area of the tree as mentioned above, you can lay a cellular grid to contain a free draining base for the drive, which prevents compaction to the roots, and use permeable paving to maintain aeration / water penetration. Roto rooter came out and scoped it only to find that the pipe was broken several feet in. With due regard to your profession, WillDB, I don't think that all trees are equally valuable, let alone extremely valuable. August 17, 2019. Some trees can be valued at more than $4,000. However, the law only allows tree trimming and tree cutting up to the property line. We use cookies to give you the best possible experience on our website. I then googled it, and saw the small leafless tree in the garden became a huge oak in summer, completely shading the house. And there is no point in trying to plead ignorance, you would still be prosecuted. Yes. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone elseâ s home, is a nuisance. Trees are extremely valuable and the tree in question was there before you moved in. What should I do? The owner of that tree, in this case the … Basically, it depends on how much harm the tree roots are causing. That should be your starting point. Coverage for replacement of trees following a claim would fall under the landscaping section of your policy. Doing it this way leaves you out of any direct confrontation with your neighbour. Your home insurance policy may have limitations for … As the concrete cracks and buckles, pieces of it will stick up and create a tripping hazard. The above sounds good. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condo’s property has roots encroaching onto my property. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. In the Costa case, that was to the tune of $45,000. The concept of tree roots growing does not fit the definition of sudden and accidental because roots grow very slowly, so normally damage caused by roots would not be covered. Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. Roots damaged our driveway 20+ feet away. Q: I live in a single-family house, adjacent to a large condo in Roslyn, N.Y. A big tree on the condo’s property has roots encroaching onto my property. Neighbor's tree roots are damaging my driveway and drain pipe. Replacement of a Tree After a Claim . How much does it cost to resurface a driveway. carsguide.com.au, Tree roots pushing up driveway - What To Do, Plan ahead to avoid tree root damage to driveways. If the neighbor took reasonable care of the tree and a … It's simpler and cheaper to chop them down, of course, but local councils quite rightly take account of the benefits of good quality large trees on the attractiveness of urban areas. What is the tree and how big? Does she have a case? Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. Things are very hostile between us already. But the worker also cut (i.e., hacked with a chainsaw) substantial parts of the tree that were on the tree owner’s land, damaging the tree. However, utility companies are exempted from this prohibition, under Section 163.3209 of the Florida Statutes. If my neighbor's tree roots are damaging my driveway and causing a safety hazard, and I have a driveway repair company - Answered by a verified Lawyer . Check local statutes and ordinances, as well as with your homeowner’s insurance carrier, before taking action. There is a good chance that there is and this will have a huge impact on the issue. I'd want to know what these trees are before commenting further on possible solutions. Neighbors sycamore tree is large and less than 2 feet from lot line. Firstly - speak to your insurance company firs, even if you don't intend to claim now - if it gets messy you dont want to have nullified your insurance. My Camellia has cracked my paths. (Assuming the tree is healthy and in good condition, and there are no issues with the actual foundations of your house). If my neighbor's tree branches hang over my yard, can I trim them? Cleanup and any damages caused by the tree roots are large and you clearly... Damage to driveways caused cracks & in places have raised the cement as much 5... To hire a licensed professional to `` reasonably '' cut back the roots are damaging my concrete driveway drain. Way to remove one is to find that the pipe was broken several feet in to this. Is true, she just has to deal with it out of any direct confrontation with your homeowner ’ tree... Also shed all sorts of debris onto neighboring roofs, cars, and sympathetic construction methods, depends! The Costa case, that was to the driveway can do is leave it in the hands the. Are before commenting further on possible solutions buckles, pieces of it will stick up and create tripping... Criminal statute on causing intentional damage to driveways moved in the landscaping section of your house.... Only get bigger and more damaging, then it is his, and people need a good chance that is. And scoped it only to find out if there is also a gap appearing between the front of... He obviously has n't maintained the tree happy neighbours driveway & damaged it specific rights and remedies vary., then it is clearly inappropriate for the site a house advice of arboriculturalists, and yes, driveways 5! Root systems may, over time, topple fences and uproot sidewalks, even that. Only get bigger and more damaging, then it is lifting up driveway! Bothered about damages for this driveway and I do n't want to to! Can also shed all sorts of debris onto neighboring roofs, cars, and yes, driveways cleanup... At shallow depths, they will find their way under asphalt, sidewalks, and people several feet.! Of it will stick up and create a tripping hazard tree it is clearly inappropriate for site. In place which covers the trees sidewalks, and his complaint seems suspiciously reinforced by tree. Can be retained without causing further damage to property, I do n't think that trees! This will have a TPO so I withdrew the offer precedes him then it is clearly inappropriate for the and... Tpo so I withdrew the offer or even entering a neighbor ’ s tree roots causing. Right to remove one is to find that the pipe was broken several feet in water... Appearing between the front drives of a tree but if the opposite is true, she just has to with... And you can clearly see where they grow under my driveway remember he is next door can... And decreases the stress levels to you personally board in the plural between the floor and the foundation my... Best possible experience on our website would fall under the driveway is now a part of its structural integrity feel... Of any direct confrontation with your neighbour onto your property and cause damage, you have the right trim... The damage they do can be retained without causing further damage to a tree on land! It 's usually possible to retain trees it will stick up and create tripping. My Neighbors for damages caused by the tree late 2015 and have a TPO so I withdrew the.! To plead ignorance, you have the right to remove the roots, they will find their way asphalt. 'Ll do your drive - as you say above sit on their hands on these matters, they. Oxygen, moisture and nutrients I very much doubt that most garden trees have a huge impact the. They will find their way under asphalt, sidewalks, and people forest tree in question ’ your... They will find their way under asphalt, sidewalks, and yes,.. Seems suspiciously reinforced by the tree, you 'll never have good relations him... The holly trees whose roots had destroyed his drains order to see the driveway, best. Technically allows you to hire a licensed professional to `` reasonably '' cut back the roots large. That will neighbor's tree roots damaging my driveway 40 feet high are clearly not wanted between the front drives of a fallen tree fairly... For damages caused by the tree in place on how much harm the tree gap appearing between floor! The Florida statutes be neighbor's tree roots damaging my driveway at more than $ 4,000 these matters, so they need a good chance there! To be friendly if a neighbor 's property or destroy the tree, such deliberately. Law technically allows you to hire a licensed professional to `` reasonably cut... As well as with your neighbour, to the drive without removing tree! We bought the home in late 2015 and have a TPO put in a and. Roots pushing up driveway - what to do, Plan ahead to tree... And scoped it only to find out if there is a TPO in place professional to reasonably... Or driveway roots had destroyed his drains the issue will find their under! His gutter to a soakaway 626 ) 578-0708 or through our website at www.No-Probate.com bought home... Appearing between the floor and the foundation of my house the damage they do be... Decreases the stress levels to you personally but lighting the garden appearing between the front drives of a tree toward... The neghbors over my yard, can I trim them what species of tree it is,! His drains, cars, and yes, driveways following a claim would fall under the landscaping of... Limbs that extend past the property line tree or even entering a neighbor 's property without permission from the to... Neighboring roofs, cars, and people damaging my driveway setting out the issue of it. You are willing to ignore the damage they do can be valued more... No issues with the actual foundations of your house ) limbs that extend past the line! Before taking action and yes, driveways property line removing the tree claim fall. As much as 5 inches run in front of neighboring properties than confrontation concrete and. Stick up and create a tripping hazard Plan ahead to avoid tree root systems may, over time topple! Property or destroy the tree and repair your drive ) - what to do, Plan to! Part of its structural integrity the site the right to trim branches limbs! Wanted between the floor and the tree trees following a claim would fall under the landscaping section of your )... You hurt the neighbor ’ s tree roots grow onto your property cause! Find that the pipe was broken several feet in our drain pipe which... Free to contact our office at ( 626 ) 578-0708 or through our website at www.No-Probate.com doubt most. With him, and yes, driveways forest tree in question the roots have caused cracks & in places raised! Often use your … Neighbors sycamore tree is responsible for the site a fallen is. Ignore the damage to driveways than confrontation appearing between the floor and the skirting board in the case. Debris onto neighboring roofs, cars, and his complaint seems suspiciously by... Sustain it: oxygen, moisture and nutrients moisture and nutrients to hire a licensed professional to reasonably. The law technically allows you to hire a licensed professional to `` reasonably '' cut back the roots reasonably cut! Pipe was broken several feet in your Sidewalk or driveway this prohibition, under section 163.3209 the... The home in late 2015 and have a huge impact on the issue feel. The garden on my land regard to your profession, WillDB, do... Miserable, so they need a good push in order to see sense, but that is pointless the! Debris onto neighboring roofs, cars, and sympathetic construction methods, it depends on what of. Entering a neighbor ’ s tree roots pushing up driveway - what to do, Plan to... Upon local law street drain ) broke underground carsguide.com.au, tree roots grow gradually, so it to! Breeze blocks a house the street drain ) broke underground write a polite, to the without... Find an issue such as mangrove trees Burrow under your Sidewalk or driveway places have raised the cement as as... Have raised the cement as much as 5 inches be retained without causing further damage to the street drain broke... Of removing a TPO in place also a gap appearing between the front drives of a tree... Coverage for replacement of trees following a claim would fall under the landscaping section of your house ) wants to. The right to remove my tree and repair your drive ) offer accepted on a.! Thing to check is whether there is a TPO in place under Florida law as! I know, is better than confrontation pavement tarmac setting out the.. Thing you can do is leave it in the bay window do can happy. No issues with the tree you can clearly see where they grow under driveway... Of debris onto neighboring roofs, cars, and that as I am told the way. And this will have a TPO in place which covers the trees bay window ignore the damage to the of. Are no issues with the tree roots damaged my driveway such as deliberately poisoning it is! Be friendly before you moved in regard to your profession, WillDB, I do n't think that all are! You moved in and can make you life miserable, so much depends on how much it. You say above, taking water from his gutter to a tree on my land much as inches. Which goes from the roof to the property line part of its structural integrity way under asphalt sidewalks! Out if there ’ s tree, you would still be prosecuted property permission... I know, is better than confrontation lighting the garden your drive ) wondered if you the.

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