We have been in our house 14 years and our back yard wooden fence is ours, all sides of the yard is our fence. All neighbors on all sides use my fence for one side or their fence, which I don't have a problem with. There is a pine tree in the neighbors yard behind us though that is growing into our fence now. When I moved in the tree was a good foot or more from the fence but now the tree has grown and the roots and the tree itself are busting my fence. It is at the point now that it has pushed the fence apart and there is a big gap between two sections. The neighbor has two dogs that go nuts if they are in the yard, acting mean growling, etc., if we are in the back yard, so much so that he has half-assed rigged some stuff to the tree and my fence to keep them out of our yard. We are about to get my son a dog and I plan to rebuild my fence to go around the tree (I know, he should cut the tree down), I don't want to cause a big stink about all of this but I plan to cut and dig the roots up that are growing into my yard to keep them from damaging the new portion of fence. This may kill the tree, I don't know. What if any, liability do I have if I cut the roots and the tree dies, falls on his, ours or someone elses fence, house, etc. ? I plan to tell him what I'm going to do so that he has the opportunity to cut the tree down if he wants to but I feel that he wont offer to do that. Oh yeah, while I am working on it there will be a large section of fence down and his dogs can come into my yard, I'm not to worried about that, that will be his problem/responsibility to keep his dogs contained. I just wasn't sure if I had more liability in this or not.
thanks for any advice you can offer.
thanks for any advice you can offer.
