Neighbor's Tree damaged our driveway

[midorilady]

What is the name of your state?What is the name of your state? Texas

Shortly after purchasing our home in August 2002, the owner of the property next door rented it out. The following summer the tenants took a 6 week vacation and during that time no one watered their front yard. As a result, the roots of the tree in the front yard came to the surface of the yard and cracked our driveway.

We pointed out the issue to the tenants at that time, however, beyond acknowledging the fact of the cracks, they refused to take action to remedy the drying out of their front yard.

Since that time, they have continued to inadequately water the front yard and our driveway has sunk significantly around the cracks. The damage has reached a point where it needs to be repaired. They told us that they had advised the Owner of the damage more than once, but nothing has been done to remedy the problem on their side of the driveway.

The land continues to subside as it dries out and our driveway continues to subside with it.

The Owner has now put the property on the market and the tenants have vacated the property. The property is vacant at this time.

I am at a loss here. We have already paid out significant monies to replace a fence along the property line which fell into disrepair during the period of time that the property was rented out and do not feel that we should now bear the brunt of the owner's failure to maintain his yard in a manner adequate to support the landscaping therein.

I don't even know who to contact to get an informed opinion as to the cause of the damage, but have established that the cost to repair the driveway will run into $1,000's owing to the nature and extent of the damage.

What legal remedies, if any, do we have? Can we sue the Owner for the cost of repairs?

Any advice or help would be much appreciated.

 

[HomeGuru]

What is the name of your state?What is the name of your state? Texas

Shortly after purchasing our home in August 2002, the owner of the property next door rented it out. The following summer the tenants took a 6 week vacation and during that time no one watered their front yard. As a result, the roots of the tree in the front yard came to the surface of the yard and cracked our driveway.

We pointed out the issue to the tenants at that time, however, beyond acknowledging the fact of the cracks, they refused to take action to remedy the drying out of their front yard.

Since that time, they have continued to inadequately water the front yard and our driveway has sunk significantly around the cracks. The damage has reached a point where it needs to be repaired. They told us that they had advised the Owner of the damage more than once, but nothing has been done to remedy the problem on their side of the driveway.

The land continues to subside as it dries out and our driveway continues to subside with it.

The Owner has now put the property on the market and the tenants have vacated the property. The property is vacant at this time.

I am at a loss here. We have already paid out significant monies to replace a fence along the property line which fell into disrepair during the period of time that the property was rented out and do not feel that we should now bear the brunt of the owner's failure to maintain his yard in a manner adequate to support the landscaping therein.

I don't even know who to contact to get an informed opinion as to the cause of the damage, but have established that the cost to repair the driveway will run into $1,000's owing to the nature and extent of the damage.

What legal remedies, if any, do we have? Can we sue the Owner for the cost of repairs?

Any advice or help would be much appreciated.

**A: you have a right to cut the tree roots (provided it does not kill the tree) up to your property line and construct a fence or retaining wall.

 

[midorilady]

Thanks, HomeGuru, however, we can't cut the roots without killing the tree and City Ordinance prevents us from fencing the section of the driveway that is the subject of this enquiry.

 

[dandmc]

So can you collect for the damage. I understand you must practice self help but if the damage happend before you could react are the owners of the tree liable?