If roots from my trees are causing my neighbor’s driveway to buckle, am I obligated to pay for a new driveway our remove my trees?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If roots from my trees are causing my neighbor’s driveway to buckle, am I obligated to pay for a new driveway our remove my trees?

My trees were here before their property existed.

Asked on October 19, 2012 under Real Estate Law, Idaho

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If that property was owned by someone else or the current owner before the house was built, your trees were still technically encroaching on their property (subterranean rights).  So at this point, you may need to discuss with an attorney if you are truly obligated to repair the damage caused by your encroaching tree roots or simply remove the damaging trees. You may see that it might be the easier solution to remove the trees and perhaps offer to help pay for a portion of the repair but do not do anything until you have spoken with your local building and safety/planning dept and possibly your insurance company.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption