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4
25th May 22:25
External User
Posts: 1
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It sounds like this is the neighbors tree and you have its roots in your
yard? Is this true?? If so, careful here from a legal point of view. I am NOT a lawyer, but I am a consulting arborist. It is my understanding that (depending on where you are) you have the right to self-help if there is encroachment upon your real estate by a neighbor's vegetation - above and below ground. I.e. - "..it's his tree, he should keep it in his yard..." as it were. As you know this is not easy to do with roots. However, if you were to take some action to control the root encroachment that results in the death of the tree, or that (Lord forbid) results in the tree toppling over and damaging something or someone, you may have the potential for a real legal problem. My advice is to a good consulting arborist involved, and let this person assess the situation, make recommendations in writing, etc. Money well-spent IMO. I have seen, and been part of, many cases where arborists and attorneys are called in after the fact and the conflict is full blown. Don't go there. -- Mike LaMana, MS Heartwood Consulting Services, LLC Toms River, NJ www.HeartwoodConsulting.net |
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