What to do if my neighbor’s tree has invaded my garden?

Its roots have spread into my garden and are trying to create an Aspen grove in my property. The garden vegetable yield has been stunted because these roots seem to have robbed the garden soil of nutrients. Can I force the neighbor to remove the tree or install a root barrier at his expense?

Asked on January 21, 2013 under Real Estate Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Under the laws of all states in this country you cannot force your neighbor to remove the tree or install a root barrier at his expense. You can ask him to do such but he is not required to do so. However, under the laws of your state, you can cut the roots of the tree that are invading onto your land and create a root barrier on your side of your property.

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