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Started By
Message
re: Neighbor's live oak tree roots cracking my driveway.
Posted on 3/3/19 at 4:08 pm to ccw
Posted on 3/3/19 at 4:08 pm to ccw
Yes and it is very actively enforced by the Louisiana department of Agriculture and Forestry. This enforcement is the result of a lawsuit over the trimming of Crepe Myrtle branches overhanging driveway.
0
Posted on 3/3/19 at 4:09 pm to Ron Popeil
I don't think that statute 4278.1. is applicable at all to this situation.
The driveway owner would not be on the property of another nor is the proposed cutting for sale or use of the cut tree.
The driveway owner would not be on the property of another nor is the proposed cutting for sale or use of the cut tree.
Posted on 3/3/19 at 4:17 pm to Ron Popeil
Even if your neighbor allows you to cut the roots encroaching on your property, you will be liable for up to three times the value of the tree if you damage or kill it because of your actions.
Posted on 3/3/19 at 4:54 pm to ccw
No
Posted on 3/3/19 at 5:13 pm to ccw
Pretty sure anything on on your side of the property line is yours. You can dig those roots up.
I saw that on Judge Judy.
I saw that on Judge Judy.
This post was edited on 3/3/19 at 5:14 pm
Posted on 3/3/19 at 5:17 pm to ccw
quote:
I appreciate the various reasonable perspectives posted. However, I find some posts with ugly comments were totally uncalled for.
quote:
member since 2006
And you're just now figuring this out?
Posted on 3/3/19 at 5:30 pm to Chuker
(no message)
Posted on 3/3/19 at 5:31 pm to ccw
Your 20 year old driveway lived a good life.
Posted on 3/3/19 at 5:32 pm to bigwheel
Remove the roots on your property , and shove them up your neighbors arse
Posted on 3/3/19 at 5:32 pm to ccw
1 trip over roots
2 call Gordon
3 ???
4 profit
2 call Gordon
3 ???
4 profit
Posted on 3/3/19 at 5:45 pm to ccw
That’s just how it goes. Home ownership has its downs and ups
Posted on 3/3/19 at 5:49 pm to ccw
quote:your brother, Tiger Ryno, should be able to provide you with more-than-adequate information on this topic
ccw
Posted on 3/3/19 at 5:50 pm to ccw
quote:
. Cypress knees are known to break driveways, and A/C concrete pads. Should he do something to mitigate or avoid damages to the neighbor's property? In this setting, I believe he planted the wrong kind of tree too close which can be problematic.
Cut the cypress knees out and use them as a door stop.
Seriously does the OT have to think for you?
This post was edited on 3/3/19 at 5:51 pm
Posted on 3/3/19 at 5:51 pm to ccw
Pretty sure that law quoted doesn’t apply to branches hanging over you property.
Posted on 3/3/19 at 6:04 pm to BeerMoney
quote:
The way it works with branches or falling on your property is this; they are not liable for damages. They are liable for cleanup of it falls but that’s it.
If you are talking about windstorm or hurricane this is correct. However, if it is an old tree showing obvious signs of rot on a long heavy vertical branch, there is good chance the tree owner could be liable if it snaps due to age-related deterioration and causes damage. A party is generally liable if they perform a negligent act or, in this example fails to act in a reasonable manner that could have prevented the occurrence.
FYI - There is a way to prevent the root from advancing where you basically dig a trench and insert steel plates and the roots will turn and run parallel along the plates.
This post was edited on 3/3/19 at 7:04 pm
Posted on 3/3/19 at 6:06 pm to ccw
quote:
ccw
Thanks for showing everyone what type of neighbor not to be
Posted on 3/3/19 at 6:15 pm to ccw
Have sex with his wife
Posted on 3/3/19 at 6:17 pm to ccw
I am not an attorney, but I think this Article of the Civil Code applies to your situation:
Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
source: LINK
Note that this article does not confer the right for you to remedy the problem yourself. Merely, you have the right to demand they be trimmed.
Art. 688. Branches or roots of trees, bushes, or plants on neighboring property.
A landowner has the right to demand that the branches or roots of a neighbor's trees, bushes, or plants, that extend over or into his property be trimmed at the expense of the neighbor.
A landowner does not have this right if the roots or branches do not interfere with the enjoyment of his property.
source: LINK
Note that this article does not confer the right for you to remedy the problem yourself. Merely, you have the right to demand they be trimmed.
This post was edited on 11/28/19 at 7:49 pm
Posted on 3/3/19 at 6:19 pm to ccw
Put a copper nail in the tree
Posted on 3/3/19 at 7:02 pm to MBclass83
Well for one thing, we know how is NOT a tree hugger. 
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