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Old 10-25-2019, 06:47 AM
 
Location: NC
6,864 posts, read 8,443,751 times
Reputation: 14431

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There’s nothing you can do legally to prevent it and it might not matter anyway. If you are seriously worried you might offer to buy an easement which restricts interfering with that area. But i suspect the trees are safe from this type of injury because over the years the roots have already compensated. Its good that the trunks are not on the property line.
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Old 10-25-2019, 07:48 AM
 
2 posts, read 239 times
Reputation: 10
Quote:
Originally Posted by MrRational View Post
The solution is not about what's legal or not.


It's about knowing and talking with the people who live next door.
Maybe some coffee or beer, the occasional burger off the grill and all that...
with the goal to have them become an actual neighbor.

Already tried that, without much success. He has two adorable and talkative daughters, 4 and 2, whom I talk to all the time when we are all outside, and they enjoy coming over to visit and talk with me. I think he just really does not care about the tree or about having friendly neighbors.
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Old 10-25-2019, 08:03 AM
 
Location: The Emerald City
1,507 posts, read 1,751,117 times
Reputation: 2165
Remember, those roots go down just as far as the tree goes up.
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Old 10-25-2019, 08:20 AM
 
554 posts, read 661,258 times
Reputation: 513
Quote:
Originally Posted by Sue at the Rock View Post
Remember, those roots go down just as far as the tree goes up.
Says who, Confucius? No, they don't.
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Old 10-25-2019, 08:28 AM
 
Location: Apex, NC
429 posts, read 514,567 times
Reputation: 644
"Tree Law" is actually a rather complex area of law and has attorneys who specialize in it. He is within his rights to prune branches or roots that are on his property. However, if in doing so he damages the tree he can be liable for the replacement value of a fully grown tree as well as diminished property value - which can be a very large sum if it's a large tree. On the other hand if the roots or branches from your tree damage his property you can be liable. I hope you're getting a sense of how complicated a legal case over a tree can get and anyone who thinks the rules are simple is in for a surprise.

If you're really concerned that it may damage the tree I'd have an arborist advise you on if his parking there is really jeopardizing the health of the tree and if so give you an estimate for a replacement tree of the same age and height. You may be overestimating the risk to the tree and he probably has no idea just how much it could cost him to park there if there is a risk. If he's still obstinate it wouldn't cost you too much to have a lawyer draft a letter requesting he cut it out and outlining what could happen if he didn't.

Last edited by Pixel_Dent; 10-25-2019 at 08:52 AM..
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Old 10-25-2019, 09:50 AM
 
2,634 posts, read 2,853,238 times
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ncrkd is correct. The root systems of most oak trees that are indigenous to this area are comparatively shallow, like 2 feet. Many of us remember all the fallen oaks from Hurricanes Fran and Floyd.
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Old 10-25-2019, 09:54 AM
 
126 posts, read 167,363 times
Reputation: 240
I never realized driving or parking on roots could damage or kill a tree. I googled and read that while putting more soil over the top of them is harmful to trees too, putting wood chips over them helps protect them while still letting them get plenty of (I guess) air and water. Maybe you can talk to your neighbor and see if he’d be willing to do that?
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Old 10-25-2019, 09:58 AM
DPK
 
3,664 posts, read 3,998,903 times
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Quote:
Originally Posted by Bpobill View Post
The neighbor can say it's a tripping hazard. OP has ZERO recourse. They can remove the trees and plant something different if it's a concern.
OP can totally sue if the tree becomes severely impacted -- you can't just murder your neighbors tree. If OP documents all interactions with their neighbor, photos, etc and the tree dies, the neighbor is likely going to end up footing a bill for the value of those trees.

Tree law is seriously a complex thing so both parties need to be careful in how they approach the situation.
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Old 10-25-2019, 01:00 PM
 
Location: Raleigh
8,788 posts, read 6,577,104 times
Reputation: 12337
Quote:
Originally Posted by DPK View Post
OP can totally sue if the tree becomes severely impacted -- you can't just murder your neighbors tree. If OP documents all interactions with their neighbor, photos, etc and the tree dies, the neighbor is likely going to end up footing a bill for the value of those trees.

Tree law is seriously a complex thing so both parties need to be careful in how they approach the situation.
And what does tree law say about a neighbor's reasonable right to utilize his own property?

As you've mentioned, it's complex. Using your side yard to park isn't the same as hacking the roots out or poisoning them.
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Old 10-25-2019, 01:29 PM
DPK
 
3,664 posts, read 3,998,903 times
Reputation: 4509
Quote:
Originally Posted by JONOV View Post
And what does tree law say about a neighbor's reasonable right to utilize his own property?

As you've mentioned, it's complex. Using your side yard to park isn't the same as hacking the roots out or poisoning them.
No idea idea man I'm not a lawyer. As you mentioned there's reasonable use and then there's hacking your neighbors tree roots to hell with a saw, which is what my commentary is in regard to.
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