Legal Question in Real Estate Law in North Carolina

Yes, you have the right to trim the encroachments that are trespassing on your property. Before you exercise self help though, I would talk to your neighbor. You do not want to kill the tree by cutting the roots. You might also want to talk to a certified arborist to make sure that the roots can be cut safely.

What I would do is have a friendly chat with your neighbor if you are on speaking terms. If not, then send him a certified letter. Keep a copy for yourself. Tell him that the tree roots are encroaching and to please arrange to remove them as you do not want to harm the tree. Ask for removal within a reasonable time - say 14 to 30 days. Tell him also that if he does not take steps that you will remove the encroachment and that you are not responsible for any harm to the tree.

If he does not respond, take pictures of the tree before you cut and make sure that you talk to that arborist to remove the roots safely so that the tree will not be harmed and your house foundation will be safe. Also, get an estimate as to the value of the tree.

Then cut the roots as directed and take pictures to show what you have done. Do not trespass on your neighbor's land at all and only cut the roots up to your property line. If the tree dies, it dies and if your neighbor tries to raise a ruckus, you can pull out the letter and the pictures and told him that its his own damn fault and that he cannot recover.