The tree root damage the wall... Can I file nuisance claim?

[emarkwei]

Hi There

I need some advice for my situation.

My neighbor’s tree root has damaged the wall that shares between me and neighbor. The root of the tree has push the wall up (crack line about 2") and made the wall leaning toward our side of the yard (might also fall down on my property). I have talked to neighbor couple times about this issue but she refuses to cut the tree off. What can I do for it? Can I file nuisance claim to my neighbor?

Thank you very much for your reply in advance.

Mark

[AFFA]

I wish to inform you that in matters relating to tree root damage, the laws of your state will have jurisdiction in the matter. If the tree in the area of your neighbor has roots which cause damage to your property, then you may make a claim for damages to be paid by the neighbor to you. You may also cut the roots which fall inside the area of your property line. You are allowed to have quiet enjoyment of your property. However, you may not cut the roots and cause damage for the survival of the tree before informing your neighbor. You may issue a written notice to your neighbor in the matter. If the matter is not resolved, you may file a lawsuit. You may show photographs to the court showing the damage to your wall. You may claim costs and damages. You may show expert report from a horticulturist. The Court will consider all the facts and decide the matter.

AFF

[emarkwei]

Thank you for quick reply.

I live in Arizona no idea how Arizona law gonna deal with it. I moved in almost a year. When I moved in, I have known that there is a crack line on the wall. The previous owner said I can deal with my current neighbor. Will that affect my situation to ask neighbor remove the tree and repair the wall.

Yes, I took many photo for the crack line.

[Maryellen]

That might make a difference since you moved in knowing there was already a fault in the wall. I'd get estimates on how much it would take to fix/replace the wall and then go from there.

[Friend In Court]

Originally Posted by emarkwei Hi There I need some advice for my situation. My neighbor’s tree root has damaged the wall that shares between me and neighbor. The root of the tree has push the wall up (crack line about 2") and made the wall leaning toward our side of the yard (might also fall down on my property). I have talked to neighbor couple times about this issue but she refuses to cut the tree off. What can I do for it? Can I file nuisance claim to my neighbor? Thank you very much for your reply in advance. Mark

Your objective should be to get the wall repaired and the tree roots (or tree) removed. This situation is more than a nuisance -- it is a damage claim.

You should contact your homeowner's insurance agent and advise him of the situation. The neighbor's insurance company should pay for the damage. Whether or not your policy will pay and then seek reibursement (subrogation) from the neighbor's insurance your agent should advise.

Get an estimate to repair the wall and remove the offending roots and then make a request in writing of your neighbor that he pay to repair the wall and remove the tree.

Should he not do so and your insurance company not step in, you will have to file suit against him for the damages.

I definitely will do it. Thanks.