My neighbors tree is planted against our common fence and the roots have damaged our property, are they responsible for repair?
Question Details:
The tree roots have lifted and damaged our pool decking and broken a small retainer wall.
Real Estate Law Answers
You should contact an attorney to go after the home owners insurance.
I can help you with this.
Robert J. Spitz
909 395 0909
The common law rule in most states is that you are responsible for keeping the trees and bushes on your property from invading another's property/damaging the property. If you plant a tree or fail to maintain your trees/bushes in a way that trespasses and/or causes an adjoining landowner's property harm, then you can be liable for the damages that were caused. Since you live next door to this person and you do not want to be on bad terms, you want to politely ask them to compensation you for the damages. Provide them with the estimate so they can see that you are being sincere and that you are not trying to take advantage. If they refuse to pay, hire a lawyer to file a lawsuit.
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