One of the most common questions we often get asked involves a situation where neighbors argue as to who is responsible for the damage caused by nuisance trees growing over the property border. So, today on the blog we are going to give you the most sensible answer based on what the law says.
Imagine if your neighbor’s tree falls grow over your property. The tree’s roots are not only damaging to your cemented patio or driveway. But the leaves from the tree can be staining your tenement too. So, can you force your neighbor to cut the tree? Can you sue your neighbor for the damages caused by the trees?
In a common law country, the majority of rules states that a possessor of land is not liable to persons outside of the land for nuisance caused by trees. The adjoining property, however, has the right to trim back the branches of trees and the encroaching roots at his expense.
The main reason for this rule is that it is better to leave people to take reasonable action to protect themselves rather than subject neighbors to public lawsuits for relief. In any case, you can always enter into an amicable settlement and talk about how to go about the nuisance tree.
If the tree is ultimately a nuisance, you can agree to cut down the tree, which helps prevent further harm. A nuisance tree cannot only harm a neighbouring but also the owner’s estate. In any case, you can always contact Stafford Law. We have attorneys providing full-service to individuals, families, and businesses. Feel free to call us anytime.