My neighbours willow tree has caused damage?

Question

The roots have damaged my fence and the overhanging branches are killing my apple tree. They refuse to do anything. I have a legal right to cut the branches and roots on my property but can I claim the cost of doing so from them. Also the cost of damage to my fence. With the roots cut the tree could also fall on their side and cause damage to their property. What is my legal position?

Answer 1

First take pictures.  See if your area has code enforcement and if so see if you can get someone to come out and look.  They may be able to give step by step for your area.

If you haven't done so approach the neighbor in a calm manner.  Figure out how you want the conversation to go ahead of time such as "I noticed your willow tree is large" or "your willow tree is growing so fast it is over the fence", try to get them to say "yes" right off the bat without them realizing it.  Then discuss what you think needs to happen.

Also, do you have a home owners association?

Answer 2

Yes you have the right to cut any overhanging branches from your neighbours tree, and yes you have the right to cut their tree roots which are invading your garden, and as you already have that knowledge, you have no right to complain that their tree is killing your apple tree. No you cannot claim the cost for this work from your neighbour. As for the tree falling on their property that's their problem., it is their tree in their grounds. As far as the fence is concerned, you should have removed it and cut the tree roots away before they did any damage.