The roots of a large tree in the lot next to my house have caused damage to my property. Can I remove the tree and charge the owner for costs?

If a neighbor's tree roots are growing onto your property and causing property damage, you have the right to remove the roots. It's important to keep in mind that specifics of such a situation may vary legally according to state. You should check with local statutes, as well as with your homeowner's insurance, before you take action. In general, the rule is that any part of the tree that is crossing onto your property is yours to do with as you please. In fact, technically speaking, you can be considered responsible for taking care of it, since it's on your property. This does mean, however, that you cannot charge the neighbor for the removal of the tree roots that are causing property damage, since the tree roots are part of your property.

The reasonable action to take would be to remove the tree roots up to the boundary line. Do not cross onto your neighbor's property while doing so, and do not remove any part of the tree that is on his or her property or you could have a lawsuit on your hands. If you have doubts about the boundary line's location, find out where it is before you begin to dig up the tree roots.

Finally, document the property damage and the circumstances surrounding it well before you begin to dig. There is a chance that your actions may cause the tree to die, and your neighbor could take steps to sue you should that happen. If you were faced with a lawsuit, your legal recourse would be to prove the tree roots were invading your property and that you cut only on your property. You will also want to be able to prove that the tree roots caused damage to your foundation to carry out a property damage claim. So make sure to get estimates on the property damage, take photographs, and keep careful records of the situation before, during, and after digging up the tree roots.