Legal Question in Real Estate Law in Washington
Tree Roots into Neighbor's Yard!
My Poplar Trees have grown significantly in 8 years. One is near the property line between my home & the Neighbor's just East of me! Poplar roots grow both deep & at surface level and have grown into the Neighbor's yard. She claims that the roots pinched off her sprinkler system & she had a Contractor cut the roots back! Now she's concerned about the roots growing into her foundation & ''bringing her house down!'' Checking with an Arborist & a Forester, both with good credentials, I'm told that the roots will actually turn when approaching something as solid as footings & foundations for a home--''not to worry!'' I anticipate that the Neighbor may want to do something costly anyway.I'm certain that her Contractor will recommend that he do something to ''cure'' the condition that is ''makig her nervous!'' I understsand that it's her right to do so, but do I have any legal liability or responsibility for the costs of any action she may take to make herself ''comfortable'' about this issue?
1 Answer from Attorneys
Re: Tree Roots into Neighbor's Yard!
Not likely. However, you want to be sure that you are not asking an arborist or a forester to give you a legal opinion, unless you are prepared to have either represent you in court when your neighbor sues you because your tree fell on her roof.
You may be hearing what you want to hear. The issue is whether or not your trees could subject you to liability for damage they could potentially do to your neighbor's sewer connection, her sprinkler system, her house, her deck, etc, just by virtue of the fact that the tree's roots encroach on her property belowground, let alone what could happen in the next big ice storm.
The key word is "could". The answer is "possibly". If your tree's roots do enough damage to her property, then it is entirely possible that she could sue you and expect that you (and your homeowner's insurance company) pay to fix the damage.
The only cure is to take out the trees and plant something better behaved.
Also - if you call and ask your homeowner's insurance carrier for advice, be prepared to have your rates raised.
Hope this helps. Elizabeth Powell
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