#NeighborDispute #RootDamage #HomeownershipIssues
Hey neighbors! 👋 Have you ever dealt with a situation where your neighbor claims that roots from your trees are damaging their property? 🌳🏡 It can be a tricky situation to navigate, especially as a first-time homeowner. Here are some points to consider and possible solutions:
– It’s important to understand your legal responsibilities as a homeowner. Generally, you are responsible for what is on your own property, even if it affects your neighbor.
– Consider reaching out to a professional arborist or tree service to assess the situation and provide expert advice on how to address the root issue. They can determine if the roots are indeed from your trees and offer solutions to prevent further damage.
– Communication is key. It might be helpful to have a calm and respectful conversation with your neighbor to discuss the situation and find a mutually beneficial resolution.
– Keep records of any correspondence or evaluations related to the issue, in case it escalates and you need to provide evidence of your actions.
Remember, handling neighbor disputes in a thoughtful and proactive manner can help maintain a positive relationship within the community. 🏡💬 Share your thoughts or any similar experiences below!
> As far as I have always understood things, you are responsible for what is on your own property
This is generally correct. The most common exception is if there is known negligence (ex the tree is diseased, you refuse to address it, and it falls on your neighbor’s property, then you may be held liable).
As for roots and branches, the property owner (not necessarily the tree owner) is responsible for trimming and/or removing what they do not want on their property. They need to do it with care (they can’t intentionally kill the tree), but it is their responsibility.
Save that letter. If your neighbor tries to claim damages later, that letter is proof that they knew about the issue and did not address it.
The letter they sent you is to establish that they’ve notified you of the hazard. They may have sent this in an attempt to protect themselves, but they may have also been instructed to by their insurance carrier.
In Pennsylvania, tree roots can be handled similarly to dead trees that fall on the neighbors property. Basically, if you don’t notify your neighbor that their tree is putting your property in danger, and then their tree falls on your property, you’re responsible for the damages instead of the tree owner. But if you notified the owner that it was a hazard with a letter, it is now the tree owner’s responsibility to correct the situation. Damage from tree roots is handled in a similar way in PA, so I would look for something similar in Ohio to see if it is the same.
I’d consider having an arborist evaluate the tree and establish the boundary and size of the root system. People imagine roots as these wild, go anywhere systems when in fact they are somewhat predictable based on species. They roughly follow the diameter of the canopy, about 18” deep, and are typically only large near the trunk and become much smaller toward the edges (for your typical deciduous tree). You won’t get a 2” thick root snaking out beyond the edge of the canopy unless the are some root bounding issues near the trunk that makes a tree send out structural roots to stabilize itself. Your tree won’t be damaging sanitary lines 80 feet away unless it’s monstrous old growth.
What kind of tree is it? Some trees such as willows are known for damaging pipes as roots seek out water sources. How far away is the tree trunk from their foundation? Yours?
If your tree is causing a legit issue, you should take care of it morally if not legally. Imo. Consider if the tables were reversed.
Walnut trees have a chemical in the roots that won’t let much grow on top of soil.