Can a property owner remove roots from a neighbor’s tree?
Question: My neighbor has a huge eucalyptus tree. The roots of this tree encroach into my backyard. Can I hire a contractor to remove the roots?
Answer: A property owner is entitled to remove the roots or branches of an encroaching tree unless removing the encroaching roots would kill the tree. The property owner would need to hire an arborist to answer that question. If the answer is "yes, removing the roots would kill the tree," the property owner's remedy is probably only money damages for the loss in value of their property due to the encroaching roots. If the answer is "no," the property owner should be entitled to remove the encroaching roots, but under the Arizona "good neighbor" court decisions, the property owner has to pay all costs of removal. More recent decisions in Hawaii and other states require the neighbor with the tree to pay all costs of removal.
Contact real estate attorney Christopher A. Combs at .