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Old 06-04-2017, 12:16 PM
 
116 posts, read 94,955 times
Reputation: 59

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I bought a house in North Charleston a few months ago. Recently, my neighbor told me that he was in the middle of working out an agreement with the previous owner to help pay to redo his driveway because the roots from a huge tree in my yard is uplifting his driveway. Am I actually responsible for this?

1) This info was not disclosed to me before buying the place
2) If he was working out an agreement with the previous owners, am I held accountable after the house is sold to me?
3) The tree has been there for decades so it's not as if I planted this new tree which is now causing damage

I typed this question into Google and the first link says it's not the tree owner's responsibility. The neighbor has a right to cure any issues on his side of the property line (trimming the roots back?) at his expense. But then that makes me nervous because the tree is so large and I don't want it to fall over because the base was destroyed.

However, I found this link as well which says it is the tree owner's responsibility.

This link mentions "If a tree owner allows the tree to grow so that it uproots a fence, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree." However the has been in place longer than I have owned the property, possibly longer than he has owned his property, and is likely older than I am. So I did not "allow the tree to grow" in a way that caused damage to his property.

The neighbor has not been mean about anything so far, but I would like to gather more info on the subject so I know what my obligations are. If anyone can point me to actual written laws for the city of North Charleston, that would be helpful too. I had no luck in finding links for that

Thank you
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Old 06-04-2017, 05:02 PM
 
1,211 posts, read 840,618 times
Reputation: 883
Who Is Liable For Invasive Roots?
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Old 06-05-2017, 10:23 AM
 
Location: South of Cakalaki
4,660 posts, read 2,956,727 times
Reputation: 3961
Call a lawyer. Using California case in law in SC is not in your best interest.
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Old 06-05-2017, 11:20 AM
 
105 posts, read 125,806 times
Reputation: 143
Do you know what the agreement was? I'd find out what it was before doing anything else.

Maybe it was just an agreement in your neighbor's eyes.
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Old 06-05-2017, 11:20 AM
 
Location: North Charleston, SC
1 posts, read 1,851 times
Reputation: 10
The City of North Charleston does not regulate the root structure of trees.
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Old 06-06-2017, 08:44 PM
 
116 posts, read 94,955 times
Reputation: 59
Quote:
Originally Posted by thaifood View Post
That's the same link that I posted...
???

Quote:
Originally Posted by m1a1mg View Post
Call a lawyer. Using California case in law in SC is not in your best interest.
Will a lawyer give any insight without any lawsuit or anything pending at the moment?
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Old 06-06-2017, 08:49 PM
 
35,103 posts, read 45,931,504 times
Reputation: 62356
Quote:
Originally Posted by Khohf View Post
That's the same link that I posted...
???


Will a lawyer give any insight without any lawsuit or anything pending at the moment?
Ask the Attorney when you contact him.
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Old 06-07-2017, 08:31 AM
 
Location: South of Cakalaki
4,660 posts, read 2,956,727 times
Reputation: 3961
Quote:
Originally Posted by Khohf View Post
That's the same link that I posted...
???


Will a lawyer give any insight without any lawsuit or anything pending at the moment?
Any worthwhile attorney can advise you of matters of law. There need not be anything pending.
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Old 06-07-2017, 05:54 PM
 
116 posts, read 94,955 times
Reputation: 59
Quote:
Originally Posted by CSD610 View Post
Ask the Attorney when you contact him.
Quote:
Originally Posted by m1a1mg View Post
Any worthwhile attorney can advise you of matters of law. There need not be anything pending.
The only ones I know of are from the commercials and I think they're all accident attorneys. Sink, Anastoupoulo, Joye. Or do they do all types of law?

Any different recommendations? Or should I just cold call from Google searches?
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Old 06-07-2017, 06:28 PM
 
1,211 posts, read 840,618 times
Reputation: 883
https://answers.uslegal.com/real-pro...lations/16575/
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