Neighbor's tree roots and my driveway

L

Law911

New Member
My neighbor's tree-roots are destroying my driveway. And, their house has been listed with an agent for sale or rent. Previously to the listing, I notified the neighbors of the damage. After the listing, I notified the advertising agent. My communications are being ignored. What are my legal remedies?
 
You might spend a few dollars & have a lawyer send a letter to the neighbor requesting that the neighbor take care of the roots & damage. Have the lawyer put in the letter that you have notified the neighbor of the problem previously but have been ignored.
 
Law911 said:
My neighbor's tree-roots are destroying my driveway. And, their house has been listed with an agent for sale or rent. Previously to the listing, I notified the neighbors of the damage. After the listing, I notified the advertising agent. My communications are being ignored. What are my legal remedies?
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Your neighbor has the RIGHT to ignore you.
You have the RIGHT to ignore your neighbor.
You can gain the attention of your neighbor by suing him or her for the damages the tree is allegedly causing your driveway.
The success of such an action is likely to be less than stellar.
Why?
The neighbor has no control over what a tree root does.
In fact, proving the root that MIGHT be impacting your driveway is from his tree will be difficult.
And, even if you do, it might be considered an act of nature.
You can consult your home insurer (or your agent) and ask if your homeowners policy will cover your alleged damages.
Bon chance...
 
Law911 said:
My neighbor's tree-roots are destroying my driveway. And, their house has been listed with an agent for sale or rent. Previously to the listing, I notified the neighbors of the damage. After the listing, I notified the advertising agent. My communications are being ignored. What are my legal remedies?
Click to expand...
Property owners are responsible for the trees and shrubbery on their property and their ability to roam off the property. If roots from their tree extend upon your property and create a dangerous condition, it may cover the situation. A common situation occurs when a neighbors trees grow so that branches extend and overhang on an adjoining property and the hazardous tree may create a dangerous condition for the landowner. Many cities and towns have ordinances that govern dangerous conditions and will step in.

Take pictures - that's probably what I would do first. You may want to get an estimate for what it would cost you to remedy. You may want to send a certified letter to the agent and to the neighbor about the damage, perhaps mentioning that you intend to remove the roots on your property and also prepared to take legal action in the event they don't remedy the problem. When a home is being sold, a typical contract of sale clause is the disclosure of legal claims. It may significantly impact a sale even where a small claim is discovered. No buyer wants to see that they may be buying into a lawsuit or hostile situation, also wondering whether there is fire they aren't seeing given the smoke.

Note that if the condition isn't dangerous at all, you may need to sue in a court that has the jurisdiction to compel the other party to take action under "nuisance law." This is the concept that something on someone else's property is causing you damages on your property, e.g. creating a horrible smell, etc. Good luck.
 
The reason I said have a lawyer, instead of the OP, sending the letter is because I thought it might carry more weight & get more action.
 
Rather than try to compel the neighbor to fix it you could pay to repair it yourself. Document the expense then seek reimbursement in small claims. If you win a judgment you could try to put a lien on the property and you would get paid when it sells.
 

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