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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 30463
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Can a property owner have the right to kill roots with chemicals

Customer Question

Can a property owner have the right to kill roots with chemicals that are damaging my yard ? Doing this will kill my neighbors tree.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand the situation and your concern. The property owner does not have a right to kill the roots, if it will cause the tree to die. Typically, when a branch or limbs are hanging onto a neighboring property, they can be trimmed back, as long as the tree is not damaged and no more is cut back as necessary and the tree is not harmed or destroyed. Yes, I know the roots are coming onto your property but you can not do something that will kill the tree. Ideally, your neighbor would try and correct this problem, bringing in a professional or service to remedy the problem but if they refuse, you would then have to go after them and sue. You can try and get the tree removed, if there are not other means to control this or sue for damages suffered, as a result of the roots. If you used chemicals on the roots, the neighbor could turn around and sue you for killing the tree, if they find out about it.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 2 years ago.
Expert:  RealEstateAnswer replied 2 years ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please rate my prior to leaving, so I can receive the proper credit. Thank you.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!