Can I force my neighbor to remove some recently planted trees that are too close to my septic field?

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Can I force my neighbor to remove some recently planted trees that are too close to my septic field?

My neighbor’s tenants planted 3 clumps of trees less than 20 feet from my septic tank leach field. In fact, 2 of the trees are right on the property line. Can I force them to remove the tree, because I am concerned about roots getting into my septic system?

Asked on August 12, 2012 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless you have some easement over your neighbor's property where the clumps of trees were planted, you have no legal or factual right to force him or her to remove them with respect to concerns of roots getting into the septic field. The trees are on the neighbor's property. There is no difference if the trees grew from seeds brought in by birds or other animals.

I suggest that if you have concerns about roots getting into your septic filed that you place a treatment in your system once a month to prevent such.


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