Root from my tree damaging neighbors foundation

[mlongoria09]

Jurisdiction

Texas

I had a neighbor approach me indicating that roots from my tree (the trunk is wholly located on my property) are damaging his foundation. I have not investigated the damage yet, as I wanted to do some research into my liability before furthering the conversation. For the purposes of this question, let's assume he is right and roots from my tree are damaging his foundation.

I understand that he has the right to cut the roots on his property. I am fine with that. Even if the tree died, I would not seek damages as he was just protecting his property. I would likely ask him to hire a reputable tree service to improve the chances of the tree surviving, but I get that it is his choice.

My question is around my liability for his foundation damage. The tree was planted by original homeowners, I did not choose it or its location. There is no damage to my house or driveway all of which are closer to the tree than his house. There is no visible exterior indication that roots were encroaching on his property. If it weren't for him mentioning it to me, I can't conceive of a way that I could have known that the tree's roots may cause his property damage.

He is a combative neighbor that I fear would seek legal action. Does he have grounds to have me pay for repairs to his property? Despite his personality, I am open to being neighborly and helping pay for trimming the roots back to prevent further damage. If I did so, could he use that to claim that I am taking responsibility for the damage and should cover it all?

If he does pursue legal action, I will get an attorney. But for now, I am just looking for insights so I can navigate the next conversation a little more knowledgeably.

Thanks in advance.

 

[army judge]

. Does he have grounds to have me pay for repairs to his property?

He might have grounds to sue you, but so what?

All you need to do at the moment is contact your home insurer with his ALLEGATIONS.

Your insurer will advise you further.

In the interim, you would serve yourself best by promising him nothing, doing nothing, except saying, "You're investigating options. Your attorney and/or home insurer have been informed and are investigating the matter."

 

[Red Kayak]

I had a neighbor approach me indicating that roots from my tree (the trunk is wholly located on my property) are damaging his foundation. I have not investigated the damage yet, as I wanted to do some research into my liability before furthering the conversation. For the purposes of this question, let's assume he is right and roots from my tree are damaging his foundation.

I understand that he has the right to cut the roots on his property. I am fine with that. Even if the tree died, I would not seek damages as he was just protecting his property. I would likely ask him to hire a reputable tree service to improve the chances of the tree surviving, but I get that it is his choice.

My question is around my liability for his foundation damage. The tree was planted by original homeowners, I did not choose it or its location. There is no damage to my house or driveway all of which are closer to the tree than his house. There is no visible exterior indication that roots were encroaching on his property. If it weren't for him mentioning it to me, I can't conceive of a way that I could have known that the tree's roots may cause his property damage.

He is a combative neighbor that I fear would seek legal action. Does he have grounds to have me pay for repairs to his property? Despite his personality, I am open to being neighborly and helping pay for trimming the roots back to prevent further damage. If I did so, could he use that to claim that I am taking responsibility for the damage and should cover it all?

If he does pursue legal action, I will get an attorney. But for now, I am just looking for insights so I can navigate the next conversation a little more knowledgeably.

Thanks in advance.

How far is this tree from his house?

What has he done over the years on his property to mitigate the problem?

Would it be safe to assume that his house isn't on the property line, and that he's done nothing over the years to prevent foundation damage? Then his damage is due to his neglect.

 

[adjusterjack]

I have not investigated the damage yet,

Oh for pete's sake. Go look at the damned thing.

Might be something you can remedy easily with a shovel and a saw.

 

[welkin]

My question is around my liability for his foundation damage

You have no liability for his damage. Your neighbor is entitled to self-help and cut and remove the root up to the property line as long as he does not kill the tree. If doing so does kill the tree, you would have a claim against him.