Neighbors Tree Roots

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Neighbors Tree Roots

My neighbors tree roots are causing my driveway to heave, which means I have to install a new 11000 driveway. Am I allowed to sever the roots that are on my property, even if that causes harm to the trees ?

Asked on March 3, 2017 under Real Estate Law, New York

Answers:

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

Answered 4 years ago | Contributor

Laws vary somewhat but most state courts hol that if the roots of a homeowner's tree damages a neighbor's drive or home then, unfortunately, that's the neighbor's problem to deal with. However, a few have ruled that property owners can indeed force a neighbor to cut back roots in the event of structural or similar damage. That having been said, this might be considered encroachment, so your neighbor may be required to remove the tree. Again, laws on this kind of thing vary from state to state.


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