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Old 02-22-2016, 06:14 PM
 
Location: Raleigh
13,713 posts, read 12,435,560 times
Reputation: 20227

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So, my neighbor (well call her Linda) is suing my other neighbor (we'll call him Jack) for killing her tree. Jack did extensive renovations on his house and patio/yard, including turning the very small grass backyard into a patio/firepit space and building or rebuilding the garage. Linda claims the renovations killed a large old tree in her yard, apparently by allegedly damaging the root structure of the tree, and is seeking compensation. Does she have any kind of case? Is this generally something that homeowners need to be aware of when performing renovations or landscaping work?

I think that this specific instance is her harassing her neighbor (and it isn't the first time,) but I would be interested in seeing what other people's experiences are.
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Old 02-22-2016, 06:31 PM
 
Location: Dallas/Ft. Worth, TX
3,071 posts, read 8,415,478 times
Reputation: 5720
Quote:
Originally Posted by JONOV View Post
So, my neighbor (well call her Linda) is suing my other neighbor (we'll call him Jack) for killing her tree. Jack did extensive renovations on his house and patio/yard, including turning the very small grass backyard into a patio/firepit space and building or rebuilding the garage. Linda claims the renovations killed a large old tree in her yard, apparently by allegedly damaging the root structure of the tree, and is seeking compensation. Does she have any kind of case? Is this generally something that homeowners need to be aware of when performing renovations or landscaping work?

I think that this specific instance is her harassing her neighbor (and it isn't the first time,) but I would be interested in seeing what other people's experiences are.
Everybody has a case and it is up to the court system to sort it out. Maybe Jack should marry Linda and all will work out in the end?
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Old 02-22-2016, 06:32 PM
 
1,153 posts, read 1,662,025 times
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She will have the burden of proof and I doubt she can win that case.

I have a neighbor that has threatened her other neighbors because they water their grass a lot. Well, the guy has moved out now, but I don't think it was his watering that made her yard get waterlogged. It just rained a lot but she wanted someone to blame.
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Old 02-22-2016, 06:40 PM
 
Location: North Eastern, WA
2,136 posts, read 2,312,561 times
Reputation: 1738
If a tree grows branches and they extend into your yard and encroach on your property you have the right trim the tree back to the property line. I see no reason for their to be any difference regarding the root system. Roots can grow into a foundation or utility system and cause damage, a property owner has the right to protect their property. If the roots are in the way of maintenance or an improvement, why would there be any difference?

Of course, each state/municipality has its own laws and such.
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Old 02-22-2016, 07:12 PM
 
Location: On the Chesapeake
45,383 posts, read 60,575,206 times
Reputation: 60996
Quote:
Originally Posted by AK76 View Post
If a tree grows branches and they extend into your yard and encroach on your property you have the right trim the tree back to the property line. I see no reason for their to be any difference regarding the root system. Roots can grow into a foundation or utility system and cause damage, a property owner has the right to protect their property. If the roots are in the way of maintenance or an improvement, why would there be any difference?

Of course, each state/municipality has its own laws and such.


That's generally true with a caveat: you can trim back to the property line but not so much that it kills the tree.
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