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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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tree roots on proprety next door cracking my drive way or

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tree roots on proprety next door cracking my drive way or proprety owner lieble

Thank you for your question.

Under Virginia law, the owner of the tree whose roots are encroaching under a neighbor's property and causing damage may be held responsible for the harm caused by the roots. Further, you may take self help and dig up the roots under your property to prevent further damage.

Authority is Fancher v. Fagella, 274 Va. 549, 556 (Va. 2007)

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