What is my responsibility to my neighbor if a tree on my property is causing damage to her driveway?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my responsibility to my neighbor if a tree on my property is causing damage to her driveway?

My neighbor keeps threatening me that she will sue me for a new driveway because a tree in my back yard is breaking up hers up. She said it is lifting up her driveway and she wants me to remove my tree and buy her a new driveway. I just moved in a year ago and obviously this has been an issue way before I moved in and I had no idea about it. Does she have a case? I really like the tree.

Asked on July 25, 2011 Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Is this a tree squarely on your property and are the root doing the damage?  Or is it a property line tree?  As a tree owner you have certain rights and certain responsibilities when it comes to trees and your neighbors.  This is often the most disputed issue amongst neighbors.  Well, that and fences.  While the laws in each state vary (and it would be wise for you to check with an attorney in your area on the matter), if the tree/ tree roots cause serious harm such as structural damage, etc.,  to your neighbor's property you can be held liable for the damages.  She may also be able to cut back the roots without having to get your permission, so long as she does not harm the tree.  I would discuss the issue in detail with someone in your area and try and resolve the matter amicably.  Good luck. 


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 with SHA-256 Encryption