Someone bought a house next block over, tore it down and is putting up two new ones. They just got done excavating for the basements and poured the basement slab. One of the houses is very close to the neighbor’s lot and I can see that in excavating for the foundation, they dug right up to the edge of a large mature tree. Sheered off about a third of the roots. I can’t tell, but the tree either is in the neighbors yard or stradles the lot line.
If this tree dies in a year or two, who is responsible if its in the neighbors property? The neighbor, because the roots from his tree encroached on the lot for the new house, or the owners or builder of the new house, because they damaged the neighbors tree?
I’m just a nosy observer, I don’t know if the two parties made some sort of agreement in advance about the tree, but what if no one considered it in advance?
Replies
If there was no agreement and the tree is in NA yard (NB is the one doing the basement, right?) and it dies, then NA can sue NB because reasonable care was not taken. If a branch from the tree is in NB's yard and they trim the branch, that's fine as long as they take reasonable care and it doesn't kill the tree.
You wouldn't happen to know what kind of tree it was? I pity NA if it's a less forgiving tree, like a mature oak or hickory.
Of course the rules depend on what state or municipality this saga is taking place.
If you are a gardener, you can always put 'Plant Manager' on your resume. Unknown
The common law is that whatever part of the tree that is is on one side belongs to that person and whatever is on the other side of the line belongs to the other person. That inlcude leaves, branches, fruit, and roots.
And anyone can do whatever they want to with there part of the tree, however, they can't damage the whole tree.
Now that might vary buy local laws and customs, but that is the general rule.
I thought they was a building set back off the line. Here its 10 feet. not even a driveway within that 10 feet.
There is all kinds of setbacks. But it depends on the local.Where I am it is 6 ft, but that can be waved by the neighbor. And I know one house that was built over the line, by allowance with the neighbor.
where I am its 25 feet but lots are 2 acre minimum.
I think that neighbor 1 who owns the tree should consult an arborist now to determine if the tree's health is in danger or share in the blame later
Here it depends on the lot size, mine is 50' wide and we were allowed to go 5' to the line, closer with a variance.
Interested in your responses and I'll add something. How about a tree that straddles a lot line (all in our neighbors yard I believe) but has grown so much it's roots are lifting and destroying our driveway. The whole drive is pretty much going to hell and will need replacing in the near future.
I get along great with our neighbors but what happens if I bring someone in to work on the drive (we'd have to cut roots to do it). Can this even be done? Should we try it? Who gets to pay for taking the monster down when it eventually dies from the work? (My guess is we'll eventually split the cost).
Tom
rich,
I can do anything I want to in a tree that sits in my yard and my neighbor would have no recourse.. If I kill it by driving on the roots well then it dies.. If I poisen it then it dies.. If it sits on the lot line and I saw my half down and the rest dies, there is no recourse..
The sole exception here is I'm not allowed to do anything to trees over 6 inches in diameter within 75 feet of the lake.. (watershed reasons)
but what if no one considered it in advance?
Then it might jump up and bite the two parties right in the fundamental.
As was noted earlier, some trees are very sensitive to any root damage. For live oaks, that's pretty much any where in the "drip line" of the canopy. For water oaks, you just can't change the source water for that tap root (street repair, new basement x blocks away; if it cuts off that water, that oak is dead in month).
As if that were not enough, some trees don't belong to the property owners (Dino's watershed example, for one). Some times trees can be assigned to state forests (or are used for state forest protection tax status)--one does not want to injure a tree that belongs to the State. The State folk have many forms which require many copies, al made out in multicate (read, one fewer than you made); all signed and cosigned.
If you really want to see some wars over trees, get a couple hours' drive west of here; they'll become positively manic over weed trees like hackberries and mulberries just because they are there.