My Neighbor’s Tree Roots Damaged My Driveway

I've looked at this issue in connection with my home (and I am a lawyer) - the rules relating to legal responsibility for trees are not just extraordinarily complicated, but they vary from jurisdiction-to-jurisdiction, and may depend on whether the tree is a "wild tree," i.e., one that was not planted, or predates the home (or both), variety (e.g., Leylandii) and so on. In many places a tree cannot be cut without a permit if its trunk circumference exceeds a certain number of inches (a rule designed to protect mature trees), and that permit may require the opinion of an qualified arborist. By varying depending on jurisdiction that may mean by the state, the county, the municipality or perhaps even the borough. In short, I'm puzzled as to why this article tries to give advice, since it depends on so many factors that are specific to the property, its location and the tree, how it came to be where it is, its variety, size, etc.

Never be part of a condo association. Also buy enough acreage where neighbors never factor in. Avoid city dwelling at all costs.

Some jurisdictions have tree ordinances under either their Zoning code or Property Maintenance code. It might be worth checking to see if a complaint to the jurisdiction would help.

As a contractor my initial response to a claim of damage to a foundation from tree roots would be one of skepticism. It’s not impossible, but I would suspect other causes and wonder what is exactly meant by “damage”. These kind of claims are often laced with hyperbole.

I assume that the condo has open meetings. You may be able to go and state your problem directly to the board. You don't know how the message is being delivered to them. Pick up the phone and talk to the property manager who has a duty to guide the board towards responsible decisions. It's one thing to pay for the removal of tree it's another to pay court costs, too.

Neighbor's tree roots is not always an easy problem. To avoid hassle and to prevent further damage, the property owner can cut the invasive roots and perhaps inject poison into the stumps at the border of his property. The problem of overhanging tree branches is much simpler: one simply chops them off. But in France there is a peculiar law that one can cut the overhanging branches only of a tree growing on one's immediate neighbor's property, but not if the branches extend from the second neighbor farther away.

Years ago I had a beautiful tree cut down because my neighbor claimed the roots were damaging his foundation. Stump killer was poured into holes drilled in the stump several times. The stump is well and truly dead, no new shoots arise from it. However a tree of the same species is growing on his side of the fence, about which he has done nothing. I wonder if I am still liable?

Howard G in his Comment has provided an actual case decided under the legal system. It is contrary to Ms. Kaysen's response in this particular case; the response was a conclusory statement common in nascent law students and one that it is soon subjected to the full rigor of the Socratic method. Ms. Kaysen, the case cite Howard G provides is mandatory for you analysis and review. Ms. Kaysen there is no underlying law in New York to support your conclusion on responsibility. The course of action to pay and then to small claims courts is quite suspect and given an appeal from a small claims courts converts the action to a new trial in the real court. In sum Ms. Kaysen, Steve Martin had to admonish the well meaning John Candy, "When you are telling a story, have a point - it helps."

I am a lawyer and I think the legal advice here should have been qualified somewhat. It isn't so clear to me that the writer would prevail in a lawsuit. We are not told when this tree was planted and when the damage became noticeable. This raises potentional statute of limitations issues. Also, in some cases, courts have said the self-help remedy is what is available to a landowner and not more, especially, when the letter writer here can reach to the roots on his/her own property. Unfortunately, the law does not always provide a remedy for bad behavior.

A beautiful tree that hides a neighboring property is more valuable than an asphalt driveway. A healthy tree sucks up water from the ground and probably helps mitigate basement damp. And it provides shade in summer, which helps the air conditioning. If the roots can be trimmed without damage to the tree, go for it. Take a lot of before and after photographs and present the bill to the condo association. As a last resort, sue. But I wouldn't get bent out of shape if they didn't pay. Owning a house is expensive. And having a tree is a blessing.

Nah, just get out a drill and fill 'er up with weed killer

Most of these RE columns seem to end with ‘sue them’. Harsh! Pile 7 million people on top of each other and very few are going to be happy, satisfied or content with their limited personal space or influence over knuckle-headed neighbors. Wide open country beckons! Bust free, New Yorkers! There’s peace, quiet and elbow room all over America. Trees flourish, stars shine at night, and the smell of summer garbage on a hot sidewalk is but a distant memory. Go! and discover new worlds. You’re welcome.

Surely you’d need an estimate of repairs to your property from a few contractors as well?

One word. Lawyer.

Once again - almost two years to the date - we have a repeat Ask Real Estate column -- Ask Real Estate Getting Rid of Tree Roots From Next Door June 3, 2017 Q. Roots from my neighbor’s tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. Who is responsible for repairing this damage, my neighbor or me? You can read the mostly-unhelpful reply - along with reader comments - at the link below - https://www.nytimes.com/2017/06/03/realestate/getting-rid-of-tree-roots-from-next-door.html Also -- Below is a link to the public record of an actual case where the plaintiff (owner of damaged driveway) - sued the defendant (owner of tree with encroaching roots) - in a local court here in New York -- An interesting case - with a final judgement in favor of the defendant... Koelling v D'Angelo Plaintiff Koelling, is the owner of premises located in Whitestone, New York. The defendant, Frank D'Angelo, is the owner of the adjoining property Plaintiff commenced this action against the defendant, his next door neighbor, by filing a summons and complaint on December 1, 2010. The complaint seeks damages based upon two causes of action for trespass and nuisance. The plaintiff alleges that roots from the trees on the defendant's property caused the plaintiff's driveway to become raised, cracked and damaged... https://law.justia.com/cases/new-york/other-courts/2013/2013-ny-slip-op-50021-u.html

Yeah, don't write a letter, pay a lawyer to do it. Get the assessments first for what'll it cost to fix the problems caused by their tree. Then takes those to lawyer and start the ball rolling. Remind the lawyer to remind them that any subsequent delays will only further exacerbate the damage and, therefore, the repair costs. It also gives you a much stronger position for punitive damages if you have to drag them into court. They were given notice and simply chose to ignore it.

Skip to the end and get a lawyer. The Condo Association Board has already shown itself to be uncooperative and either ignorant of or deliberately flouting the law. I see no reason to draw this out.

What kind of a tree is it? Does it improve the value of your property or screen the condo from your house? Can you cut the drive so that the roots will no longer pop the driveway? The tree expert has to prove the roots damaged the concrete drive. And the foundation contractor has to prove the roots damaged the foundation. Usually expenses borne only in high profile cases. If however, the tree is a well grown specimen benefiting both properties, you could replace that section with gravel. And in exchange for that expense, perhaps negotiate with the condo to have the tree properly pruned by an arborist. They can prune for shape, light, and circulation, to satisfy the 50 mph rule, and to reduce future liability for the condo owners. Indeed, a questionable tree needs an annual sign off. Still, if the tree is ill-placed, a danger, or otherwise a garbage tree, then get three written quotes from tree removal contractors, learn something from each, and write a letter to the condo board. The tree needs to come down, quotes are attached, my attorney will be in touch by October 15 if a tree removal plan is not in place by then. But be careful what you wish for. A friend insisted that a neighbor remove a tree on a shared drive. They did and suddenly her unsealed rubble basement walls and completely depreciated asphalt drive allowed her basement to flood. It seems that tree was both deflecting weather and diverting ground water.