Legal Question in Real Estate Law in New Jersey
Neighbor's Tree Roots threatening retaining wall
A retaining wall separates my property from that of my neighbor. It is in dire danger of falling down, and would injure or destroy my air conditioning compressor and/or my house, and the soil behind it would fall down on my property. The roots of two trees on his property are causing the wall to buckle, and must be removed in order to properly repair the retaining wall. Who pays for the removal of the trees, and what resources do I have if we cannot come to an agreement, or if the wall falls before it can be repaired or braced?
2 Answers from Attorneys
Re: Neighbor's Tree Roots threatening retaining wall
1. You did not say if the retaining wall was on your property, or on your neighbor's property.
2. I will guess that your property is downhill from your neighbor's.
3. Since your neighbor refuses to do anything, yet that failure threatens to destroy your house, you are probably justified in doing anything "reasonable" to keep the retaining wall from caving in and destroying your house. It sounds like this may involve going onto your neighbor's property, and perhaps taking out the tree roots.
4. If you cannot come to a quick agreement about all this, and your neighbor refuses to fix the tree roots or to let you on to his property to do it, then you will need to go to court to get a temporary injunction to fix the retaining wall. The basis for doing so is that you would suffer irreparable harm by an extended delay.
5. After you get the court order, and have the wall fixed, so as not to destroy your house, the court can then hold a hearing as to who should pay for what, if the two of you can't be "neighborly" and work it out in a friendly manner. More money for the lawyers, I guess.
Re: Neighbor's Tree Roots threatening retaining wall
You do not say on whose property the retaining wall is located or whose wall it is. I am presuming it belongs to your neighbor. If the wall has deteriorated due to trees on his property, and needs to be shored-up, due to his trees causing the problem, it is his responsibility to repair and/or replace. If this is not done, he becomes responsible for any resulting damage to your property. If you can verify both the potential risk and the cause, write your neighbor. His homeowners insurance may cover the costs of repair. If he fails to remedy the situation and damage occurs, you will have a valid claim against him. It is important that you notify him of the situation, in writing (best is by certified mail, return recepit requested, to verify he was put on notice), to protect your rights. Since his trees seem to be the cause of the problem, it is his responsibility to correct it.
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