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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33481
Experience:  30 years of real estate practice experience.
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The rental house beside me has 2 trees that has enormas amout

Customer Question

The rental house beside me has 2 trees that has enormas amout of roots that spread all over my front yard and even in my bricked in flower beds sprouting so many little trees and even broke small place in my driveway.Its doing the same to the other neighbor's yard.Can I legally force the owner to cut trees and kill the roots so they will stop invadeing our yards?I live in Columbia,SC
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Loren replied 1 year ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the courts did not further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. Also, you can not trespass on your neighbor's property to do the trimming.The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage.Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she does not correct the situation voluntarily.