Real Estate Law
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Dear Customer, thank you for choosing Just Answer. I would like to assist you today. I can provide you with my opinion regarding this matter, however, it may not be what you are hoping for with regards XXXXX XXXXX damage done to your tree. The invasion of tree roots onto someone else's property is a trespass, and the other property owner is allowed to remove the offending root (the same applies to tree limbs or other plants, rocks, fences, or other objects). You may however, have a town ordinance that protects trees (in my jurisdiction there is a strong ordinance protecting certain "heritage trees" or trees over a certain size that would subject your neighbor to significant penalties if this tree qualified under that ordinance. Your best option to see if your neighbor is liable to you for the destruction of your tree is to look into your local ordinance. Unfortunately, given the local nature of this matter, I am unable to do this type of statutory or ordinance research for you, but this is where I would look for a remedy (your town planner or even parks department may be able to give you the answer).
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