Legal Question in Real Estate Law in Pennsylvania
Roots from my neighbor's oak tree are causing spreading cracks across my asphalt driveway. Is my neighbor responsible for the damage?
1 Answer from Attorneys
Your neighbor is responsible for any damage caused by the roots of any trees which your neighbor has growing on his property. Although you would be entitled to trim any parts of trees that grow onto your property, I would not suggest that because although a person might have the right to trim any growth coming onto your property, you would be liable to the neighbor if you trimmed it in such a way that causes the tree to die. It is preferable to simply send your neighbor a letter, informing him that the roots of his tree have damaged your driveway and under Pennsylvania law, the owner of the tree is responsible for any damage caused by the overgrowth onto a neighbor's property.