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neighbor's tree is out of control

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yanksin3

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

Last year I noticed cracks in my basement wall and moisture was getting in. It turns out the neighbor's large tree has roots growing right into my basement!
I asked the neighbor to help pay for the removal of the roots and he laughed in my face. I didn't know what to do, so I just had the cracks patched and hoped for the best.
Now I can see that more cracks are developing and the problem is just going to get worse. What can I do legally? Does my neighbor have any responsibility for his tree?
I realize he can't control where the roots grow, but shouldn't he have gotten rid of the tree once I told him about the problem? Can he continue to have a tree that causes damage to my property? I just want that tree gone so the roots stop growing.
 


Mass_Shyster

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

Last year I noticed cracks in my basement wall and moisture was getting in. It turns out the neighbor's large tree has roots growing right into my basement!
I asked the neighbor to help pay for the removal of the roots and he laughed in my face. I didn't know what to do, so I just had the cracks patched and hoped for the best.
Now I can see that more cracks are developing and the problem is just going to get worse. What can I do legally? Does my neighbor have any responsibility for his tree?
I realize he can't control where the roots grow, but shouldn't he have gotten rid of the tree once I told him about the problem? Can he continue to have a tree that causes damage to my property? I just want that tree gone so the roots stop growing.
Generally, the part of the tree that is on your property belongs to you. I suppose you could dig down and cut the roots, so long as the cuts are on your property.

A few hours with a backhoe and a chainsaw should fix you up.
 

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