Neighbors tree causes damage

[kathybratzler]

We have a neighbor who has a huge pine tree in the corner of their yard which borders next to our yard. The tree has caused the block fence to deteriorate and it is beginning to fall down. The wall has already fallen down once before and has had to be rebuilt. Now it is happening again. Also, we have noticed that bricks in our walkway are beginning to lift and it appears that the roots are reaching our cement slab to our home. The neighbor refuses to remove the tree and we refuse to fix the fence unless the tree is removed because the damage will keep reoccuring. We have considered hiring someone to come in and cut out portions of the roots of the tree that are in our yard in the hopes of warding off any more damage. Also, we would like to remove the branches that hang over in our yard. Can we legally do this, and what recourse do we have to prevent the tree from doing any more damage to our property? Also, if we are too late and damage has occured are the owners of the tree responible for any damage done by the tree?

 

[NYClex]

It depends on your local laws. Here is a pretty good article summarizing your rights and the caveats: http://www2.mnbar.org/benchandbar/2002/mar02/tree.htm Of course this article explains Minnesota law, your law can be different, but probably will be the same in principle. You might want to contact your city or county officials, often there are some local ordinances pertaining to this topic.

What you got to be most careful with is pruning the roots, because that easily can kill the tree or make it unstable. You would then probably be liable for resulting damage.