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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 99450
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Roots from my neighbors trees are invading my property, ruined

Customer Question

roots from my neighbors trees are invading my property, ruined my lawn and threatening damage to my pool - is he responsible for removing the roots and repairing the damage? we live in CT
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ely replied 6 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. The neighbor is then liable for the damage, reasonable cost of removal (unless they remove themselves), and legal/attorney fees if this is via judgment. This is because by their non-action, they have become liable for nuisance. "To establish a nuisance four elements must be proven: (1) the condition complained of had a natural tendency to create danger and inflict injury upon person or property; (2) the danger created was a continuing one; (3) the use of the land was unreasonable or unlawful; (4) the existence of the nuisance was the proximate cause of the plaintiffs' injuries and damages. Kostyal v. Cass, 163 Conn. 92, 99-100, 302 A.2d 121." Filisko v. Bridgeport Hydraulic Co., 176 Conn. 33 - Conn: Supreme Court 1978. Someone in your situation can then hold the neighbor liable for the damage done as explained above. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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