A tree invading my property although planted by neighbor who is responsible for the removal of the tree?
Answers:
It depends on your state and county in most counties.
First I would approach the home owner and let them know the tree on their property is damaging your property, as in "most" cases if a tree falls on your property belonging to another "their" homeowners insurance must pay for the damage.
Or you can ask to split the cost of getting the tree trimmed back to save you both alot of expense in damages later on.
Or just a trim trimmer come in and trim what is hanging on your side. As per the root damage dig around it best you can, you can take a chain saw cut the said root and place a piece of tin straight down in the ground and it will reroute the root in another direction. The tree trimmer in most cases can do this also.
You may also want to contact your homeowners insurance and as their opinion on the situation since it most likely will be a future claim.
Other answers:
Sounds like a case for small claims court. The judge can rule on this and you may get awarded payment for the damages from your neighbor.
Sounds like a case for small claims court. The judge can rule on this and you may get awarded payment for the damages from your neighbor.
If it's on his property, then it's his tree. He's responsible for it.
I think that will probably depend more on your city and state laws. Hard to say.
If the tree starts on the neighbors property, the neighbor is responsible.
WHAT EVER IS ON YOUR SIDE OF THE PROPERTY FROM THE ROOTS UP TO THE TALLEST LIMB IS YOURS.- SO CUT AWAY
IF THE PART OF THE ROOT YOU WANT TO CUT WILL DESTROY THE TREE I SUGGEST YOU TALK TO YOUR NEIGHBOR ABOUT SHARING THE COST OF REMOVING IT ALL TOGETHER
YOUR PROPERTY LINE DIVIDES THE TERRITORY SO ANYTHING FROM THE GROUND UP TO THE SKY OVER YOUR LINE IS YOUR PROPERTY
You can remove the branches and roots on your side. That will probably kill the tree. If it has damaged your fence or wall, get an estimate to repair it and send it by certified mail with a letter to your neighbor. You may have to take him to small claims court.
You can cut the part thats on your property, cause if its on your property you can do what you want to it.Any way its causing damage ot your fence.
If the tree was planted on your neighbour's property, it is their responsibility. If it is overhanging your property, you have a right to cut it back to your property line (and no further). You must put all such cut wood over the fence into your neighbour's property.
If a tree (for example) is cutting out the light to your property, you must ask him first to cut the tree down or prune it. If he refuses, you must get a court order to compel him.
If something on your neighbour's property is causing damage to your property then you must first discuss it with him and failing an amicable solution, you can sue for repairs needed.
you are responsible at law for any injuries that are caused by negligently maintained plant life in your yard. This is true of limbs and roots growing into your yard from another's property. While your neighbor is not trespassing on your yard and you have no rights against him (in a trespass claim), his tree is in your yard and you are liable for it conferring the need and right to maintain a safe environment. You can groom and trim the tree to do this - but you're acts cannot kill it either. (its the property of another).
Discuss the problem with your neighbor. See if there is a solution that can be reached. Maybe you can split the cost of trimming the tree.
Call up a local tree service company and have them trim it for you (Bartlett and Davy Tree are both very professional and nationwide tree companies.)
Bottom line is the tree is still your neighbors tree but you are responsible to maintain what is in your yard.
First it has to be decided whos land the tree started growing in. Then if it is your neighbour they can be held liable for any damage caused to your property. You are even entitled to cut the part of the tree down thats over growing on your side & throw it back into their garden though there are also laws on chopping trees too so dont go gun ho. Try to be diplomatic with your neighbour first & ask nicely, so many neighbours have wars over trees etc.Best seek legal advise first after talking politely to your neighbour.
Have you tried just talking to the neighbor about it? Sometimes simple communication can solve the problems.
I have a neighbor who is mean and even a jerk, but he had a huge tree, on his land, bordering my fence. It was rotting, dying, and swaying like mad in windstorms, right over my kitchen. I could just imagine it taking out half of my house, and killing someone, too. So I mentioned it to him. And he had it cut down. Said he'd rather spend that money now than have the insurance claim later. Problem solved. Try talking, first!
It sounds like they are responsible for the damage that was caused take pictures and take it to Sm claims court.I hope that you guys aren't having a falling out over this its a miner situation that can be fixed only if you go about it with a cool head, not in a rage because it pissed you off. good luck with your problem
Check the law books in your community. If branches are on your side, you may have every right to cut those back.