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If the tree is the subject of a tree preservation order or in a conservation.

The owner of a tree is not responsible for the damage its roots cause to neighboring property, but the neighbor's"right to cut off the intruding boughs and roots is well recognized." Ponte v. DaSilva, Mass."The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor's property is not unreasonable and cannot be the basis.

Legally Getting Rid of Your Neighbor’s Offending Tree Roots. Suit for Injunctive Relief.

Gene Bloom on April 17, at am.

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, Estimated Reading Time: 4 mins. Can I cut the roots of a neighbor's tree in my yard?

Avvo has 97% of all lawyers in the US. Find the best ones near you. Apr 27, You can cut the roots. Essentailly they are trespassing on your property. In addition, cutting them is the best way to mitigate any potential damages. I am not licensed to practice in New York. This is general advice based on general principles of law. If you remove tree roots beyond the boundary line without your neighbour’s permission, you will commit a trespass and a claim for trespass could be pursued against you through the courts.

If you are in any doubt as to where exactly the boundary lies you should, therefore, obtain legal advice. Mar 25, Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned.

Does it matter if I make my extra payment on the first or 15th day of each month?

Patel claimed the roots had started to damage concrete around his property. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive.