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Am I liable for damages to my neighbor's foundation due to…

Am I liable for damages...
Am I liable for damages to my neighbor's foundation due to tree roots from my tree which is just a little off of our propery line. He has wanted me to remove this tree for a few years and I had an arborist prune the tree who told me the tree was in good shape. For the first time since I moved in in 1999, we had a wind storm and a branch fell on his gutter causing minor damage. He told me his home owners insurance won't pay for the repair because it's and act of God. We both have State Farm and I called them and was told they would fix his gutter, but not the foundation. My neighbor wants a couple of trees on his property removed and it was suggested that he get a tree removal company to give us an estimate for the removal of all three trees and that we might get a better price that way. We had talked about doing this a couple of times, but he never followed through nor were the tree roots from my tree every brought up to me as an issue. Last summer his issue was that my tree was blocking the sun to such an extent that it was interfering with the warming of his above ground pool. I'm taking the tree down soon, but is my neighbor within his rights to sue me for reimbursement of the damages to the tune of $2,000. He's telling me it's my tree roots but there's been no professional assessment if that s really the case, plus he also had brushed planted right along side this house where the damage occured, Please advise. If I'm liable for damages, I'll try to settle with him and avoid a law suit. t
Thank you for any advise you can give me.
Suzanne Venecek***@******.***
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Answered in 7 minutes by:
4/23/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,063
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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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I would have to opine that if he can prove it is your tree that has damaged his property, he could hold you liable. The tree is your personal property and if your personal property damages his property, you can be held liable

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According to the Illinois State Bar Association, the owner of property is entitled to undisturbed occupation and enjoyment of that property, including the free use of it as he or she wishes, subject to the lawful rights of others and to the proper exercise of the state's police powers. These rights to property extend both underground and above ground to an unlimited extent.

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Generally, trespass, as it relates to the above-mentioned questions, can include the interference with a neighbor’s use or enjoyment of his or her own property whether or not actual physical damage occurs. Simply allowing something, a tree in this case, to encroach upon another's property could be considered trespassing.

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So if he can prove it is your tree roots that caused his damages, then he can sue for damages and for the cost of repairs.

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But you don't have to take his word for it and can demand proof..

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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

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,063
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
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Experience: 17 years real estate, Realtor. Landlord 26 years

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