Encroaching roots

[veesubotee]

The house next door to mine, separated by a fence has many large trees planted within their fence line. Over time, there have been many surface roots, which have grown through the fence and have taken over a good deal of my land.

This situation has made mowing very difficult, and maintaining a decent lawn in this area is impossible. As a result, I am considering having the roots ground out. I recognize that this could possibly damage/kill some of the trees.

My question is, am I able (legally) to do this, and would I incur any liability for damage?

Thank you.



V

[Eagle]

You would have to give your neighbor notice of the situation and request that he fix the problem. If he does not remedy the problem in a reasonable time you can remove the roots.

A more safe route (assuming your neighbor did not fix the problem) is to take the neighbor to court and seek an injunction ordering him to remedy the problem.