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Can I cut the roots of a neighbor's tree that are encroaching on my lawn and possibly damaging the house foundation?

Cicero, NY |

The tree is quite large and was planted approximately 2 feet from the house boundary. The roots are now large and, since the ground is largely clay, the roots snake along the surface towards our garage. I broke a mower blade a couple of years ago on the roots. The current owner didn't plant the tree and has stated he can't afford to pay to have the tree removed. I don't know what my options are: cut the roots (which may kill the tree)? , check for garage damage and sue him to pay? He's not a bad neighbor, but I think he just wants the problem to go away. Thanks for any advice.

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Filed under: Real estate
Attorney answers 1


You can cut the roots. Essentailly they are trespassing on your property. In addition, cutting them is the best way to mitigate any potential damages.

I am not licensed to practice in New York. This is general advice based on general principles of law.