Real estate Q&A: Do I have to pay for damage neighbor says is caused by palm tree root?
Published in Business News
Q: I live in a senior community HOA. My neighbor says the roots of my royal palm are lifting her pavers around her pool. The tree, planted by the developer on my property four years ago, is 10 feet from the property line. Since the tree was already mature, I find it unlikely its roots grew fast enough to cause the damage. The neighbor wants me to cover her repair costs. What is my liability? — Gerry
A: Generally, property owners are not responsible for nuisances caused by trees or other vegetation on their property.
The neighboring property owner is allowed to take self-help actions, like trimming roots or branches that encroach, to safeguard their property. The neighbor can do this, at their own expense, but cannot harm the tree itself.
This rule is based on the idea that it is more practical to let individuals protect their own property rather than forcing landowners into numerous legal disputes.
Further, the fact that the developer planted the royal palm tree does not change the property owner’s liability. The courts have consistently ruled that the landowner’s duty does not include preventing the natural growth of tree roots, even if the tree was planted intentionally, as long as the tree is healthy and not inherently dangerous.
However, your community association and municipality may have different rules that affect your rights and responsibilities in this situation. To determine if this applies to you, review your community documents and contact code enforcement in your city.
Finally, it’s important to remember that you will be living next to this person for the foreseeable future, so you should address this issue with that in mind.
While I’m certainly not telling you to pay for something you are not required to, you should approach what must be a frustrating situation with an awareness that you’re dealing with your next-door neighbor, whom you might very well see every day.
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