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Tree uprooting neighbor's concrete

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deckscrew

Member
What is the name of your state (only U.S. law)? New Jersey

My neighbor is claiming that a root from my tree is uplifting the concrete in his backyard. He's demanding I fix the concrete or he will sue me.

His estimates for repairs seem excessively high. I don't even know if the damage is being caused by my tree. I asked him to provide proof that the damage was caused by my tree.

Is it my responsibility if a root from my tree is causing this damage?

Thanks for any help.
 


OHRoadwarrior

Senior Member
Generally speaking NJ law has held the tree owner to be liable for reasonable expenses related to damage caused by tree roots, even if the tree pre-dated the damaged structure. The complainant bears the responsibility of proving the root is the cause. Modern concrete resurfacing techniques can lower the value of some claims for example where the drive segment has other defects not proven to relate to the root. See D’Andrea v. Guglietta to start intensive research on the subject.
 

Cedrus

Member
What does it look like.....to you? Do you have a big tree 10-20 feet from the fence line? Can you find any roots heading in the direction of the uplifted concrete? Can you dig down at the fence line to find "your" tree root?

Why not ask a certified arborist to look at your situation and give an estimate for root-planing (shaving) on the neighbor's side or even severing the root on your side, if it would not harm the tree? What exactly is the tree?
 

latigo

Senior Member
The roots growing under his sidewalk belong to him.
That is undoubtedly so and the same with the overhanging branches. Yet New Jersey has remarkably ruled that the neighbor that doesn’t own those meandering roots can be held liable to the guy that does own them.

See: Henry D’ Andrea et ux vs. John Guglietta et ux, New Jersey Superior Court, Appellate Division (l986)

Makes me wonder that if in the Garden State a neighbor were to be bitten by is own dog he could hold the guy next door responsible.
 

OHRoadwarrior

Senior Member
I just paid to have a stump ground because I was afraid the backhoe would pull up my drive, sidewalk or a gas line. The digger struck concrete and a glass bottle, anyway. The roots on a 100 foot oak will usually go around 5 feet or so primarily. 10 is a good far number. If you look at the base of the tree, each segment jutting out is a root. It travels in the direction it comes off the tree.
 

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