Legal Question in Civil Rights Law in Louisiana

tree roots
I just purchased my first home, a townhouse at the end of May. The day the movers came with my furniture my neighbor left a message on my mailbox for me to call him. I called him and he threatened to sue me unless I get my tree cut down. He claims that the roots from my tree are causeing damages to his property. He has recently threatened me again. My question is am I liable for my trees roots? Also, is there anything that protects me since I just purchased the property and he has lived there for 12 years?

There is more facts in this situation like he mentioned to me that him and the previous owner did not get a long and he didnt mess with her because her husband was a lawyer. I feel like he is just picking on me because I am young but I want to make sure if he does sue me that I wont get torn apart. Any advice would be beneficial!

Asked on 8/15/07, 5:45 pm

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

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Re: tree roots

By law, it is any landowner�s duty to see that trees on their property do not interfere with their neighbors� enjoyment of their property. If they do, it is the landowner�s (the landowner owning the land on which the tree grows) duty to trim the trees and roots at his own expense.

Louisiana Civil Code Article 688 states, in pertinent part: "A landowner has the right to demand that the branches or roots of a neighbor�s trees, bushes, or plants, that extend over onto his property be trimmed at the expense of the neighbor. The landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property."

Generally, this means that you are responsible to trim branches and roots of trees which interfere with your neighbor�s enjoyment of his property. You must do so at your own expense. Remember, that this only extends to trees that grow from your property and actually interfere with your neighbor's enjoyment of his property (i.e., are actually causing damage). If the tree is not causing damage, or if it is on City, Parish, or State property, you have no duty to do anything.

Answered on 8/15/07, 5:53 pm

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