What can I do if my neighbor’s tree is damaging my fence?
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What can I do if my neighbor’s tree is damaging my fence?
I would like to write a letter to my neighbor regarding the encroachment of the tree and I would like to cite a law specific to this; however, I have not been able to find anything. Does it exist? I have pictures which show that the tree is completely lifting my fence out of the ground. I believe that it is the owner’s responsibility to remove the tree; however, I can’t find any law supporting this. If I send a letter, do I have a legal leg to stand on if I have to proceed to small claims court?
Asked on May 31, 2011 under Real Estate Law, Delaware
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For specific statutes and case law it is best to consult with an attorney in your area. But not having any should not deter you from writing the letter requesting that they remove the tree as it is causing damage to your property.
Here is a general rule in some states like California: although you may cut tree limbs and remove roots from your neighbor's tree where they cross over the property line, you cannot do so if it will damage the continued viability of his tree.
But know that the encroachment can be considered continuing trespass and the neighbor should remove his tree (regardless of how long it has been encroaching). Also note that a boundary tree is one planted on the boundary. It cannot be removed without mutual agreement. Good luck.
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