What is my responsibility to my neighbor if a tree on my property is causing damage to her driveway?
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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 12 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.
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