neighbor's tree growing into my property.help.

[TurboRust]

I'm talking about a big tree in their back yard about 2 feet from the property line. The old neighbors were going to have it taken out but the house sold before they did. Now some dude bought it and rents it out to a guy and his blind daughter. Long story short the tree roots have grown over into my property and have broken the concrete in my garage. For those who have seen my garage you know its not going to be cheaply fixed.

Do I have any leg to stand on??

Are they responsible for roots growing into/destroying my property?

Or am I responsible for them since it's underground.

 

Thanks guys

[TTQ B4U]

I'm talking about a big tree in their back yard about 2 feet from the property line. The old neighbors were going to have it taken out but the house sold before they did. Now some dude bought it and rents it out to a guy and his blind daughter. Long story short the tree roots have grown over into my property and have broken the concrete in my garage. For those who have seen my garage you know its not going to be cheaply fixed.

Do I have any leg to stand on??

Are they responsible for roots growing into/destroying my property?

Or am I responsible for them since it's underground.

Thanks guys

 

They are responsible for not allowing the tree to be a nuisance and thus you can ask them to trim it or prevent it from having roots damage say a fence or branches, etc...encroach into your property.

 

However, since the damage sounds like it's been done and has been so for a while/noticeable for a while, the courts may not give you any financial reward to repair your structure since you were able up to that point, remedy the situation prior to any damage. They will also look to see if you have worked with the owner on previous occasions to prevent the damage through maintenance of the root system or what not.

 

It's definitely worth calling an attorney and meeting with them for an initial consultation. In the end it may end up that since there was no intent of harm or negligence as perhaps if he ignored repeated requests to remedy the situation, that you'll be left with the bill.