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I bought a property in 2009 that had a mature tree. My

Customer Question
I bought a property in...
I bought a property in 2009 that had a mature tree. My neighbor bought his property in 2012. The tree roots are starting to affect his pool decking. he asked me to remove the tree. I don't want to remove the tree, and he is threatening legal action if I do not. I originally offered for him to split the cost ($650 each), even thought i did not want to remove it. I also offered for him to take care of the roots on his side. he has since sent a letter from his lawyer asking me to remove the tree, and pay him $1450 for his services, or they will file a lawsuit. What are my rights in the state of Arizona?
Submitted: 1 year ago.Category: Real Estate Law
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Customer reply replied 1 year ago
After I asked him to split the cost, he immediately lawyered up. I have called him 2 times, and sent 2 emails to him to talk and work it out like neighbors. he stated he only wants to talk via email. He won't tell me why he doesn't want to slip the cost, and does not seem to understand or appreciate the burden we are taking on to make him happy.
Answered in 5 minutes by:
7/13/2016
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,491
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What are my rights in the state of Arizona?

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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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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

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Customer reply replied 1 year ago
Everything online states that tree roots are an act of God. Why would I be held liable then?
Customer reply replied 1 year ago
Everything online states that tree roots are an act of God. Why would I be held liable then?
Customer reply replied 1 year ago
It also states that he is responsible for his property, as I am responsible for mine. Our landscaper shared that he may be overwatering his lawn, since we don't have any issue on our property, and this type of tree roots follow water.
Customer reply replied 1 year ago
I have/had no way of knowing a tree on a property I bought would/could do damages, why am I responsible?
Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

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.

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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.

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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.

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“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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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 1 year ago

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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Barrister
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Experience: 17 years real estate, Realtor. Landlord 26 years

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