Real Estate Law
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Towns and utility's typically have the right to cut, remove & trim all vegetation up to a certain amount of feet from the street without permission. However, generally, the town would be responsible for the removal of the vegetation. Here, the city cut the tree roots. Whether there was an easement or right of way to the property is the first question. If the city had the right to cut trees (or roots), it is arguable they would be responsible to remove the debris and dead trees. In other words, if there were trees right in the way and the city removed them (and effectively paid for them), then the same is true of the roots. We can discuss more if you would like to do so.
If the cutting of the roots was indiscriminate without thought and no consideration of the health and safety of the tree when cutting roots, then the entity or person who cut the roots could be found liable. In other words, if it was not necessary and/or there was a way to get around the roots, or it was blatantly conducted, then there is a possible claim for damages. We can discuss more if you would like to do so.
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