Legal Question in Real Estate Law in Virginia
property damage
My neighbor's maple tree's roots are damaging the concrete floor of my garage. The tree is apx 8' away, only 5' from the property line, with a caliper of about 2'. Do I have any allowable course of action under the law? Thank you
Asked on 4/22/08, 8:43 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: property damage
Yes, you would appear to have a remedy under the recent case decided last year by the Virginia Supreme Court entitled Fancher v. Fagella wherein the defendant was found to be liable to his neighbor for damages caused by encroaching tree roots which had damaged a retaining wall as well as other parts of the neigbor's property.
Tell your neighbor the same could happen to him unless he removes the tree or otherwise gets the offending tree roots under control.
Answered on 4/22/08, 11:02 am
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