Legal Question in Real Estate Law in Utah

Re: Neighbors tree costing me money

This is an interesting case, and no similar case has been reported in Utah of which I am aware. The general nuisance law allows you to abate (stop) a nuisance on your property which originates with a neighbor. In other words you can destroy the roots on your property to prevent additional damage. You can - and probably should - also bring suit against your neighbor for the damages arising from the nuisance (roots) - meaning he will have to pay for your sewer repair - and can also sue to have the tree removed if necessary, or other reasonable action, to keep the roots from your sewer.

There are cases in California and other states similar to your facts which support the above.

You can bring suit in small claims court yourself, if the damages to your property are no more than $5000. If your damages are greater than $5000 you will need to bring the action in district court.

I suggest you first talk to your neighbor, if you can, to work out a friendly settlement. If the neighbor is unwilling, then your only recourse is to file suit. CAVEAT: You will need to make sure that you know where the roots are from. If there is more than one tree which could be the source of the roots, you will need to verify that you have the right tree and property owner.

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