Legal Question in Real Estate Law in Connecticut
Liability
Several large pine trees on the edge of the property adjacent to mine are causing damage to my property. The roots are causing structural damage to the stone foundation of my barn. The pine needles and cones are constantly clogging my gutters and the shingles on my roof. The acid from the pine trees is also damaging the roof on my barn as well as the roof on my main home. Do I have any legal recourse? Is the owner responsible for the damage that has occured?
1 Answer from Attorneys
Re: Liability
Generally speaking, each landowner upon whose land any part of a trunk of a tree stands has an interest in that tree, which embraces the right to demand that the owner of the other portion shall so use his part as not unreasonably to injure or destroy the whole, or the property of the other. The long and short of it is, you can't simply chop off the roots & branches, but you can tell the other owner that you're going to do what is necessary to prevent damage to your foundation. You are responsible for the clean up on your side of the line.
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