Liability For Damage Caused By Tree Roots

[lukeL]

What is the name of your state? What is the name of your state? NEW YORK

What is my liability as a property owner whose tree roots are damaging a neighbor's driveway? Are the roots "trespassing?"

Supposing these same trees comprised a common property boundary line?

Supposing these trees were directly abutted by a fence maintained by the damaged driveway neighbor?

What else can I look to to deny liability for the driveway damage?

 

[cclovins]

My experiance is I told a nieghbor his tree was gonna fall on my house and offered to take it down. He refused. Well it did and the only thing that made him liable was I told him. So he had to pay for it. If didn't tell him my homeowners insurance would have taken care of it. So your nieghbor's insurance is responsible.

 

[NoJustice]

California Trees

In CA if a tree is sitting on the property line, both owners are responsible for the tree's roots. If tree trunk is totally on one property then the owner of that property is responsible for the tree's roots.

I found this information in the California Codes. I feel certain NY has codes of civil procedure, etc. Do an online search for New York Codes or NY Statues. They should be searchable.

Hope this helps. Nomads4 fun

 

[a neighbor]

awww geez

I couldn't help but reply. After all the bucks I spent on an attorney who gave me the wrong advice!

http://www.uslaw.com/library/article/TNPPropertyCol0725.html?area_id=744

Read the above link, and then find out if New York is a "Self Help" state concerning neighboring trees. There are some circumstances you can sue, but they are few and slim.