Tree roots

Neighbors tree roots have damaged my sewer lines

Is the neighbor liable to pay the repair bill. 1,600

Asked on March 6, 2018 under Real Estate Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The laws on this kind of situation vary from state to state. Most courts have held that if the roots of a homeowner's tree causes damage to a neighboring property, then that's the neighbor's problem to deal with. Further, the neighboring property owner cannot cut the entire tree down or destroy the structural integrity of the tree by cutting the roots. That having been said, this might be considered an encroachment, so your neighbor may be required to remove the tree and cover any cost that you have suffered as a result. You can also try to place a claim in on your homeowner's insurance as see if it goes through. At this point, you should consult directly with a local attorney who can best advise as to specific state law.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The laws on this kind of situation vary from state to state. Most courts have held that if the roots of a homeowner's tree causes damage to a neighboring property, then that's the neighbor's problem to deal with. Further, the neighboring property owner cannot cut the entire tree down or destroy the structural integrity of the tree by cutting the roots. That having been said, this might be considered an encroachment, so your neighbor may be required to remove the tree and cover any cost that you have suffered as a result. You can also try to place a claim in on your homeowner's insurance as see if it goes through. At this point, you should consult directly with a local attorney who can best advise as to specific state law.


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