Legal issue

A

alpine

Location
Thornton Colorado
Does anyone know what rights a neighbor has if another neighbors roots invade his driveway and heave up the asphalt? The tree in question is a Cottonwood. If the neighbor were to chop off the roots coming onto his property and the tree were to die, whose at fault? I would think that this would fall under the same rule as having a Apple tree and it extends over onto the neighbors property, what ever apples fall, are his. Any ideas?
 
Down here in this area, similarly, if a neighbors tree branches hang over on to your property, you cannot cut it without his permission, but you can force him to have it pruned so it doesn't threaten your property. Since you cannot touch it without his permission, similarly, I believe in your case that any damaged caused by the non-owner of the tree, would be responsible, unless of course he had permission to chop the roots.
 
Hmmm. Here you have every right to prune branches overhanging your property, so long as tree health is not jeapordized. You may be subject to any trespass laws though.

Tough one on the roots though, as health is a major factor
 
As detailed in the book Reducing Infrastructure Damage by Tree Roots, there are several ways to maintain pavement without hacking roots. Landowners are entitled to reasonable use of thier property, but in light of the alternatives, cutting roots may not be judged to be reasonable.

As in all cases involving neighbors, getting them informed and talking it over before acting can prevent damage to property and to relationships.
 
In the UK you can prune back branches that overhang your property so long as tree health is not jeapordized, as was mentioned abvove.

However an additional silly rule is that you must throw the debris back over to your neighbours property otherwise you could get prosecuted for stealing!!!

As for roots, I think the tree owner would be forced to remove the tree if it were causing damage to a neoghbouring property.
 
Here you can cut back any overhanging limbs to the property line. I am not sure about the root issue. I personally won't cut the limbs back to the property line. I will remove branches that propose a hazard to the neighbors property but always with the permission of the owner. I have turned downed many jobs with property line disputes because its not worth having a home owner mad at me because I wanted to put a couple of bucks in my pocket. We rely on word of mouth advertising and don't want backlash from such work. I always laugh when the neighbor says I can cut anything back to the property line. I tell him your right YOU can do that but I won't!!
 
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without consequence to the tree.

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HuH? /forum/images/graemlins/crazy.gif
 
yep........they're trying to change it but I can basically kill a tree in the house next door by cutting all the roots in my yard. when it drops on their house I could just stand there a flip them the bird!
 
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