Neighbor's tree

We are planning to dig a trench on our property to take care of some water issues. Roots from our neighbor's tree are in the way. While I know we have the right to cut them (since they're on our property), there's a chance the tree could fall over when we do.

We're going to talk to her about taking it down beforehand, but there's strong likelyhood she will refuse. If she refuses, can we take her to court to get her to take it down, since her property is keeping us from being able to make improvements to ours?

Or, if we can't get her to take it down, and it falls over because we cut through the tree roots, are we liable (since we told her she needed to take it down beforehand)?

We want to go about this the right way to ensure that we're not doing something we don't have legal right to do. I would appreciate any advice you could offer.

Thank you.

fg498

Originally Posted by Wisslewj

We are planning to dig a trench on our property to take care of some water issues. Roots from our neighbor's tree are in the way. While I know we have the right to cut them (since they're on our property), there's a chance the tree could fall over when we do.

We're going to talk to her about taking it down beforehand, but there's strong likelyhood she will refuse. If she refuses, can we take her to court to get her to take it down, since her property is keeping us from being able to make improvements to ours?

Or, if we can't get her to take it down, and it falls over because we cut through the tree roots, are we liable (since we told her she needed to take it down beforehand)?

We want to go about this the right way to ensure that we're not doing something we don't have legal right to do. I would appreciate any advice you could offer.

Thank you.