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?

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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 9 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.


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