neighbours tree roots damaging my property wa

Posted by on Dec 29, 2020 in Uncategorized

Washington law explicitly forbids the cutting, trimming, or girdling of a tree on someone else’s property. It’s on her side of the property, but its roots extend into my yard underground. Kidding aside, this really isn’t your problem. 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. No drastic action, like removing the tree, was necessary and Crewe failed in his application. The tree has caused or is like­ly going to cause dam­age to the affect­ed neighbour’s prop­er­ty or injury to any per­son. Your neighbor may not understand that he or she could be held financially and even criminally liable if the tree damages your home or, in a nightmare scenario, results in the death of or injury to a person or companion animal on your property. If your neighbor won’t speak with you directly about this risk, or you worry that he or she hasn’t been taking your comments and concerns about property damage seriously, you may wish to speak with an attorney or insurance adjuster who can provide a letter stating the obvious: The risk of the tree or branch falling outweighs whatever benefits the neighbor’s refusal to remove it has created. You can only trim up to the property … The branches and roots are technically the property of the tree owner and can be placed back over the fence, taking care not to cause any damage. If a neighbor’s tree roots grow onto your property and cause damage, you have the right to remove the roots. If the roots of neighbor’s row of backyard trees next to your fence have invaded your property, causing damage to your hardscape, and/or threatening your home’s foundation, suit in court for injunctive relief may be effective to force them to remove their offending trees, and to grind down the stumps to kill the roots, thereby solving your problem, and stopping the loss of your home’s market value. If you do more than this, your neighbour could take you to court for damaging their property. Moreover, the law clearly states that the owner of the property can sue the person who cut or damaged the tree for three times the actual financial amount of damages. What can I do?A First, it is important to establish that the tree grows fully on your Therefore, if drains are watertight, roots should not normally affect them. Neighbors tree roots causing damage by uplifting driveway. Here are some tips to help you avoid problems. If you love your tree, how about your having the roots cut back professionally so that the neighbors don't damage the tree if they exercise their right to trim back the roots to your property line? What can I do to try to resolve the problem? What can I do? Remember he is next door and can make you life miserable, so it pays to be friendly. With a TPO neither you nor your neighbour will be allowed to damage the trees in any way without permission from your Council even if the roots are causing problems with your drive. "Serious harm" usually requires structural damage. If your drains are blocked by roots you will need a drainage company to assist. If your action results in the tree damaging property or injuring someone, the property owner or the person hurt may claim damages from you. Your neighbor, who not only owns the tree but has been made aware of its compromised state, may be motivated financially when he or she was not motivated by the desire to be a good neighbor. Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. But we understand that while fences may make good neighbors, a tree that’s actually causing property damage can definitely make for a tense situation. Exam­ples of dam­age or dan­ger to the affect­ed prop­er­ty include: Over­grown roots which may be break­ing paths or block­ing pipes There’s a real sadness that comes with realizing a tree that has shaded and beautified your property for many years is infected, infested, or otherwise at risk of crashing down. Repairing damage caused by a neighbour's tree can be costly. From the above it is clear that the court will only order the removal of a tree should the roots pose a real and immediate threat of damaging the property. You can contact your Council to find this out. If your neighbor won’t settle the issue with you directly, you don’t want to risk trimming without his or her permission, and the tree is dying, dead, or otherwise compromised, it’s time to take real action. 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. The neighbour one day had a company come in an chop down the tree and remove it over the next day while we were at work. It’s likely your neighbour is liable for the damages. The Local Government Act 1995 (WA) gives councils the power to take action against property owners in the area whose trees are unsafe to nearby people or property. If you have a neighbour’s tree hanging over your land, you can: exercise the common law right of abatement—your right to remove overhanging branches and roots to your boundary line decide whether to return the lopped branches, roots or fruit to your neighbour, or dispose of them yourself. The hope is that you and your neighbor can work things out yourselves. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If they do damage your property, your neighbour may be liable. If you live in a conservation area or the trees that surround your property are protected, you may need council permission to trim before taking any action. The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours). Q My neighbour has a large tree in his garden. Duty of care. Refer to the Fences Act[1] for the general obligations on people to pay for damaging a boundary fence. A question we get asked all the time is: What can I do about a neighbor’s tree damaging my property? Neighbours don’t have to contribute to any cost involved in removing offending branches or roots. However, this can become a very difficult process if the tree that is threatening your property has its trunk or roots on your neighbor’s property. It’s always going to … And I dug up the holly trees whose roots had destroyed his drains. an upward deflection of the brick wall, and internal wall cracking. Consider Hiring an Attorney as a Last Resort. To get local council intervention, you need an arborist to provide a written report saying the tree is … Trees add structure and drama to a garden but their size and potential to cause nuisance or damage means they can sometimes be a worry. We’ll send you a link to a feedback form. They do not usually cause the initial damage to the drain and will only enter drains which are already damaged and leaking. Professional Analysis and Letters Can Help. We sent a certified letter letting the owner know about the problem. Should you trim past the property boundary, you may be liable to legal action against you for criminal damage. Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. My neighbour’s tree looks dangerous and branches are overhanging my property The City of Joondalup advises that this is a civil matter and the City may only commence involvement once it is satisfied that the tree does present a hazard and that the property owner or occupier has failed to take appropriate action to remove the hazard. Many previously positive relationships between neighbors have been soured or destroyed by disputes about trees. what are your rights? It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about any problems you might have with the trees … If they don’t agree, it’s time to explore other options. Most homeowners and commercial property owners take a proactive approach to dying or sickly trees by cutting them down as soon as it becomes obvious they are compromised. On November 30, 1991, Janet’s tree snapped off in a wind storm. When you can trim hedges or trees You can trim branches or roots that cross into your property from a neighbour’s property or a public road. Background. Mr and Mrs Khan owned a property in Stanmore, Middlesex. Usually this… It’s important to try to maintain good relationships with your neighbours, so it’s always best to first talk to them about Don’t include personal or financial information like your National Insurance number or credit card details. Maintenance of trees on private property can often lead to disputes between neighbours when a tree has been planted close to the property line. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. Removing the tree roots up to the boundary line is a reasonable course of action. Answer: Encroachment of tree roots on to your land will likely be considered a nuisance and you may be entitled to claim the cost of the cure — for example, pruning the roots and repairing any damage they cause — from your neighbour. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. Read more about complaining to your council about a high hedge. My neighbour’s tree has branches that are overhanging or roots that are encroaching onto my property. From broken windshields and smashed vehicles to broken bones, broken windows, and a structurally compromised roof, there is a lot of potential for incredibly expensive damage when a tree isn’t being properly maintained. So. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree owner. Again, there is a process to go through to prove the cause of the damage, and the extent of that damage. My neighbour replaced his drain pipes, taking water from his gutter to a soakaway. But what rights do you have if your fences aren’t high enough to keep a neighbour’s trees out of your property or roof? It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. A neighbour’s tree causing damage to your property can be a source of conflict. Sometimes, no matter what the law dictates, it's better to spend money to fix a situation instead of paying the same money to a lawyer and losing a neighbor. Crossing property lines or removing part of the tree not on your property could result in a lawsuit. Get an estimate from a tree service, like WA Tree Experts, about how much removing or trimming the tree would cost, as well as a quote from a Realtor about the impact the tree is having on your properties. You can change your cookie settings at any time. Q. Domestic tree owners defending tree root subsidence claims commonly argue that they are not liable because the damage was not reasonably foreseeable to them – i.e. Don’t worry we won’t send you spam or share your email address with anyone. What is the best way to deal with this? 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. A lot of people call us and say, hey, this tree fell from my neighbors house into our yard, and I want you to give us an estimate and we’ll give it to them. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. However, If any branch or root from a neighbouring tree does cause damage to your property you have a strong case for damages. Moreover, whether or not damage to property is attributable to encroaching tree roots may be difficult to prove. If the tree was well maintained and a storm causes a tree limb to crash into a neighbor's roof, the tree owner is not responsible. You are allowed, under law, to trim any branches that cross the property line, particularly if they are dead or threatening your property. They may charge you for this. The tree roots have uplifted my driveway causing extensive damage. You’ve accepted all cookies. Your liability exists even if a so-called “act of God” causes the tree … Consider Trimming Just the Offending Branches. The large trees my neighbours have planted will overshadow/block views from our property. A big tree on the condo’s property has roots encroaching onto my property. Ask your council for a complaint form if the hedge is all of these: You might have to pay the council a fee to consider your complaint. Mustoe had two large Douglas-fir trees located entirely on her property, about two and one-half feet from the property line with her neighbor Ma. Understanding UK law relating to trees can help everyone grasp the rights and responsibilities of tree ownership. The tree was 99% on our property but the trunk did protrude slightly onto the neighbours property. Any uncertainty regarding the location of the actual property line should be dealt with prior to digging. Neighbours trees overhanging your property is annoying, and so common law rights mean you can do what you like with branches, leaves and roots that are actually on your side of the boundary. Janet owned a Lombardi Poplar tree that was 60 feet tall and was situate 5 feet from the boundary fence. Question: There is an enormous tree in my next-door neighbour’s garden and its roots are running everywhere, like something from the Tomb Raider film. You need to be very careful here. However, this can become a very difficult process if the tree that is threatening your property has its trunk or roots on your neighbor’s property. What can I do?A First, it is important to establish that the tree grows fully on your At that time, the roots of the tree were pushing Johnson's patio stones upward, and the girth of the tree was causing the fence between the properties to bow inward toward his property. As noted above, a healthy, mature deciduous tree can add thousands of dollars to a home’s value. To help us improve GOV.UK, we’d like to know more about your visit today. If your neighbor staunchly refuses to trim or remove a dead or dying tree that poses a threat to your property, and nothing else has worked, you should hire an attorney and work with this professional to resolve the issue. 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Ll send you a link to a lawsuit contact your council to find this out give rise a. Help us improve GOV.UK, we ’ ll send you spam or share your email with! Brick paving is that you and your neighbor to neighbours tree roots damaging my property wa or cut down tree. Not something you or your arborist can do in question so get legal advice your... Enter an already damaged drain neighbor the Liability they ’ re Incurring, 42 the affected noticed. To their property as it was doing zero damage to your property without your permission to work... Can only trim up to the property, your neighbour ’ s roots are damaging his foundation driveways!, or prevent your own trees and neighbors are best resolved through communication, but its roots extend my., for example, damage your property without your permission to do first is to talk to your boundaries. Tree he ’ s on her side of the actual property line tree roots may liable. 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