Legal Question in Real Estate Law in Louisiana

Re: Liability of tree roots damaging neighbors driveway.

Are you liable for the damage to the driveway? Maybe or maybe not. The facts you provide are very brief and do not indicate enough information to accurately assess the situation. Is this very large tree located on your property or on a public right-of-way (e.g., between the sidewalk and the street). If the tree is lcoated on a public right-of-way it is very possible that the city or town where you live is responsible for maintaining the tree and addressing its problems and/or damages. If it is definitely not located within a public/muinicipal space, then you MAY be liable for any damages caused by the tree--above ground or below. However, before making a more definite assessment, I would need to know more about the tree and the neighbors driveway--which one existed first? Did your neighbor just pour the driveway or recently do so, knowing the tree and its roots were close by? There are many factors that might make you liable and there are many that might make you free from or, at least, lessen your liability. I would highly recommend that you contact and schedule a paid consultation with a lawyer near your location/convenient to you to discuss this problem thoroughly and to allow the lawyer to research all applicable laws and issues. The small amount of money you spend may be well worth the money and aggravation you save in the long run.

Good luck...