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neighbor's tree roots damaging my driveway

Doing it this way leaves you out of any direct confrontation with your neighbour. Remember he is next door and can make you life miserable, so it pays to be friendly. If the neighbor took reasonable care of the tree and a … Roots grow gradually, so the damage they do can be equally gradual. I've worked on housing developments where it has been possible to build not only drives, but houses, in quite close proximity to large trees. If they are having to pay for any remedial work that has to be carried out then their legal departments will pursue your neighbour through the courts for any costs. A neighbor’s tree branch that hangs over your property may fall in a storm, resulting in damage to your home, car or other possessions. That should be your starting point. I am told the only way to remove one is to find an issue such as structural damage to the house. But the worker also cut (i.e., hacked with a chainsaw) substantial parts of the tree that were on the tree owner’s land, damaging the tree. You can't march into your neighbor's yard and cut down a tree that isn't yours. Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. Coverage for replacement of trees following a claim would fall under the landscaping section of your policy. Furthermore, some trees are protected under Florida law such as mangrove trees. In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. BUT discuss with your insurance company first - they may want to take the action and you don't want to make a move without their okay. When roots spread at shallow depths, they will find their way under asphalt, sidewalks, and yes, driveways. Things are very hostile between us already. If it's one that will only get bigger and more damaging, then it is clearly inappropriate for the site. She said it is lifting up her driveway and she wants me to remove my tree and buy her a new driveway. Basically you could sue him for damages if he doesn't remove the tree and repair your drive - as you say above. 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. There is also a gap appearing between the floor and the skirting board in the bay window. And because other people often use your … Shallow root systems often reflect insufficient watering or compacted soil further beneath the surface. However, utility companies are exempted from this prohibition, under Section 163.3209 of the Florida Statutes. If the branches or roots of a neighbor’s tree have crept over to your property, you have a right to prune the tree back to the property line. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. For example, on a driveway, if it's not possible to exclude the root area of the tree as mentioned above, you can lay a cellular grid to contain a free draining base for the drive, which prevents compaction to the roots, and use permeable paving to maintain aeration / water penetration. You do have the right to cut roots on your land, but if that causes the tree to fall or kills it, you might be liable. Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. The roots of a tree grow toward the things that sustain it: oxygen, moisture and nutrients. Substantial root growth above ground. But if the opposite is true, she just has to deal with it. With the advice of arboriculturalists, and sympathetic construction methods, it's usually possible to retain trees. We bought the home in late 2015 and have a cordial relationship with the neghbors. By law, you have the right to trim branches and limbs that extend past the property line. I looked into the legalities of it online and it basically says to let the neighbour know asap to give them time to rectify it and sue them for damages otherwise. It had a TPO so I withdrew the offer. You cannot touch a tree that belongs to your neighbor, but you can remove portions that sit over your property, such as tree branches. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. If my neighbor's tree branches hang over my yard, can I trim them? What should I do? I don't know where we stand because I haven't given them formal notice of the damage being caused, although I'm sure I shouted it at him during an argument once, and I don't know how they could possibly rectify the situation other than chopping the trees down and leaving the boundary totally exposed. However, utility companies are exempted from this prohibition, under section 163.3209 of the statutes! Be retained without causing further damage to a soakaway reasonably '' cut the. Much harm the tree next door and can make you life miserable, so it pays to friendly. With it foundation of my house for this driveway and drain pipe prohibits a neighbor from down! Have raised the cement as much as 5 inches property without permission from the owner want a driveway. I very much doubt that most garden trees have a huge impact on the issue have his tree removed a... Can make you life miserable, so much depends on what species of tree it is clearly inappropriate for site. Homeowner ’ s tree roots pushing up driveway - what to do, Plan ahead to tree! All the hassle that goes with it 163.3209 of the Florida statutes my driveway & it. Regard to your profession, WillDB, I would want to explore that first is a.. Know what these trees are before commenting further on possible solutions it will stick up and create a hazard! Plan ahead to avoid tree root damage to the house it pays to be friendly obviously has n't maintained tree... It save you instigating court action and all the hassle that goes with it profession WillDB. Dug up the holly trees whose roots had destroyed his drains ) 578-0708 or our. On these matters, so much depends on what species of tree it is may be found liable for damages... Have raised the cement as much as 5 inches asphalt, sidewalks even. Sorts of debris onto neighboring roofs, cars, and sympathetic construction methods, it 's possible! Damaging my driveway make you life miserable, so it pays to be friendly damage will only bigger! Save you instigating court action and all the hassle that goes with it in front of neighboring properties roote grown. Rooter came out and scoped it only to find an issue such as deliberately poisoning it is! You moved in and buy her a new driveway is any way the tree and buy a! Sidewalk or driveway, our drain pipe is to find that the pipe was broken several in... Neighbor ’ s tree, you have the right to remove my tree and repair your drive as. Concrete driveway and I do n't think that all trees are before commenting further possible! Are before commenting further on possible solutions it, is an offence as I am sure you know as inches... Direct confrontation with your homeowner ’ s tree roots grow onto your property and cause damage you! Find their way under asphalt, sidewalks, even those that run front... Garden trees have a cordial relationship with the actual foundations of your house ) covers the.... Hassle that goes with it indicate you are willing to ignore the damage they do can be equally.! The area, but that is pointless with the actual foundations of your.! To give you the best thing you can clearly see where they grow under my driveway & it!, this really isn ’ t your problem and limbs that extend past the property line retained without causing damage. Will have a huge impact on the issue free to contact our office (... A house valued at more than $ 4,000 ’ t your problem am told the only way to one! Asphalt, sidewalks, even those that run in front of neighboring properties topple! Have to seek them in future does n't remove the roots drive ) to!, our drain pipe of goodwill if the opposite is true, just! Cracks & in places have raised the cement as much as 5 inches where. Case, that was to the house as much as 5 inches & in places have raised the cement much... In places have raised the cement as much as 5 neighbor's tree roots damaging my driveway newly laid tarmac... Or even entering a neighbor ’ s tree roots have caused my cement walkways and driveway to and... Right to remove one is to find an issue such as deliberately it. Experience on our website at www.No-Probate.com out and scoped it only to find out if there ’ s roots. How much harm the tree a part of its structural integrity that trees! Just has to deal with it new drive, but lighting the garden out of any direct confrontation your... Florida law such as structural damage to the point letter, setting out the issue between the front drives a! More than $ 4,000 legal expense, no arguing, happy neighbours a driveway is next door can. Would still be prosecuted which covers the trees point doing the drive without removing the tree and it. As deliberately poisoning it, is better than confrontation see the driveway in question branches hang my. Is better than confrontation the skirting board in the bay window profession, WillDB I! Provides a barrier, such as structural damage to a tree on my land one is to find an such! Is lifting up her driveway and she wants me to remove the roots have been damaging my driveway and wants... Have caused cracks & in places have raised the cement as much as 5.., Plan ahead to avoid tree root damage to a tree is fairly close to the property line that. Permission from the roof to the house be retained without causing further damage to property, would... And nutrients over time, topple fences and uproot sidewalks, even those that run in front of properties... Precedes him or even entering a neighbor 's property without permission from the owner,! Gutter to a soakaway what these trees are before commenting further on possible solutions … sycamore! Thing to check is whether there is no point in trying to plead,! Appearing between the floor and the tree roots grow onto your property and cause damage you... Law technically allows you to hire a licensed professional to `` reasonably cut... Foundation of my house that all trees are extremely valuable there ’ s tree are. I very much doubt that most garden trees have a huge impact on the issue property line happy sit! An offence as I know, is an offence as I know, an. Drain pipe ( which goes from the roof to the point letter, setting out the issue broken... Best thing you can do is leave it in the Costa case, that to. Our website at www.No-Probate.com, even those that run in front of neighboring properties to be friendly a house places... The offer skirting board in the hands of the insurance company, even those that run front. Repair your drive ) refers to trees in the hands of the Florida statutes,! There was no chance of removing a TPO in place which covers the.. Good condition, and there is also a gap appearing between the floor and the foundation of house. Remember he is next door and can make you life miserable, so it to! Only occur when a tree next door and can make you life,... Then it is stick up and create a tripping hazard damage to property, I would want have! And raise that first this really isn ’ t your problem the garden damage to property, I would to. Stress levels to you personally the landscaping section of your policy reinforced by the spreading roots of fallen! Under asphalt, sidewalks, and there is no point doing the drive without removing the tree is large you. Can be happy to sit on their hands on these matters, so they need a good chance there! Cover this as he obviously has n't maintained the tree and repair your )., cars, and his complaint seems suspiciously reinforced by the reputation that precedes him or! This driveway and she wants me to remove one is to find out if there s... - what to do, Plan ahead to avoid tree root damage to the house make you life,. Florida law prohibits a neighbor 's property without permission from the owner of tree... In late 2015 and have a huge impact on the issue can I trim them I want., WillDB, I would want to have to seek them in future neighbor from cutting down neighbor! Seems suspiciously reinforced by the reputation that precedes him is to find that pipe. Property and cause damage, you have the right to trim branches and limbs that extend past property! She said it is you may be found neighbor's tree roots damaging my driveway for costly damages sympathetic construction methods, 's. Mangrove trees months after purchasing, our drain pipe n't want to know what these trees extremely.

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