Real Estate Law
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What are my rights in the state of Arizona?
I hate to say it, but you are on the wrong side of the law here.. If your tree is damaging the neighbor's property, they can sue you for the damage because the tree is considered your personal property. The same as if your car rolled into his car, the tree roots damaging his property gives him the right to hold you liable.
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Nope, I am afraid that is incorrect. The caselaw clearly establishes that roots and branches are part of the tree which is the owner's personal property.
That is why it is problematic to have a tree planted close to a property line because if it starts damaging the neighbor's property, the owner is liable.
From a current site: "" Arizona case law allows a homeowner to trim branches or roots of a neighbor’s encroaching tree. However, if your trimming damages the tree, you may be liable for the cost of replacing or healing the tree. If a tree is damaging a neighbor’s property, the tree owner may be responsible for the damage.
“If your roots grow into someone else’s soil, you have trespassed. Arizona case law says if the tree isn’t poisonous and the roots don’t do any damage, you haven’t done anything wrong. But if the roots do damage, you’ve trespassed and caused damage for which the landowner is entitled to relief,” said Kimberly Garde of The Garde Law Firm. This includes damage to block walls, pools, patios and driveways."
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