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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5677
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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Our neighbors refuse to take care of their trees.we had to

Customer Question

Our neighbors refuse to take care of their trees.we had to replace our waterline once and now have to do it again the roots are now coming into the house through the pipes. Also now every time the winds blows we lose power because of the trees. Our home insurance has said they will not cover any of it. What is our next step
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your questions. Essentially your neighbors roots are trespassing on to your property and causing damages.

The first step is providing the neighbor with a certified letter return receipt requested (for poof that the neighbor was notified) that you are tired of the situation and will be removing the roots that are on your property. Which county in Pennsylvania is your home located in?

Customer: replied 1 year ago.
Northampton county
Expert:  Attyadvisor replied 1 year ago.

We also want to check any local ordinances. Please give me a few moments.

Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
I can't talk on the phone, I'm at work right now
Expert:  Attyadvisor replied 1 year ago.

Is there an additional service request for a phone call showing up on your end? No worries I do provide phone calls. Can you tell me the township?Pennsylvania law is different than most states and a local code or ordinance could be very helpful.

Expert:  Attyadvisor replied 1 year ago.

Pennsylvania is an odd state when it comes to tree root issues. It is one of few states that does not recognize the owner of a tree for having any liability for root growth. That being said the roots that have travelled onto your property are considered your property and you have permission under the law to remove the offending roots. The only caveat is that you cannot over prune and cause the death of the tree. If you can get the neighbor to agree to pay for half of the removal that would be ideal. Unfortunately nothing under Pennsylvania law obligates the neighbor for his/her trespassing roots or any damage that you may sustain as a result of the roots. I am quite sure that this was not the answer that you were hoping to receive. I am sorry to be the bearer of bad news, however, I have an ethical duty to tell you the law even when it is not in your favor. Please do not shoot the messenger. Give me s moment to add some links for you.

Expert:  Attyadvisor replied 1 year ago.

http://www.avvo.com/legal-answers/what-is-my-liability-regarding-tree-roots-approach-1208994.html

Expert:  Attyadvisor replied 1 year ago.

http://www.worldlawdirect.com/forum/insurance-issues/71470-property-car-damage-neighbors-tree-root.html.

Expert:  Attyadvisor replied 1 year ago.

http://www.ehow.com/list_6642351_pennsylvania-state-laws-dogwood-trees.html

Expert:  Attyadvisor replied 1 year ago.

So we would need to check your municipal code to see if the municipality has assigned the neighbor with responsibility for the roots. Let me know the city, township etc. Hopefully there is a local law that will assist. Thank you for using JA! We appreciate your business. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

Expert:  Attyadvisor replied 12 months ago.

Do you have any additional questions for me? Please ignore the additional services request. Thank you.

Expert:  Attyadvisor replied 11 months ago.

Did you have any additional questions for me?

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