A property owner must prove that there is a direct causal link between the presence of the neighbor's trees and the damages caused to their property.
Neighbour relationships can sometimes be very delicate. The deeper they are, the more sensitive they can become, especially when one asks their neighbour to reimburse expenses that could be attributed to them.
Following the collapse of the foundations of their house, a homeowner undertakes repairs. During the repairs, the homeowner realizes that roots from poplar trees belonging to their neighbour, ranging from two to six inches, are leaning against their property's foundations and even exerting pressure on them.
The neighbour refuses to compensate, so the homeowner takes the case to court*. Although the evidence reveals that the ground collapse only occurs where the neighbour's highest concentration of poplar trees is, the homeowner had to prove that there is a direct causal link between the presence of the neighbour's trees and the damages to their property. After studying the case, the court concludes that the evidence has indeed established the causation and orders the neighbour to reimburse the damages.
It's better to keep your distance from your neighbours, both in surface area and depth, especially when planting trees on the property line separating two properties.
*CA 500-09-007160-989
