Three years ago I bought a house. The previous owner had planted a row of Poplar trees along the rear of the property. The Poplars are planted on my property 4-6 feet away from the boundry line, in a row about 8 feet apart. There are 6 Poplar trees and a six foot stockade fence separates the two properties.

I do not know when the previous owner planted the trees. The trees range from 10 to 50 feet tall.

The rear neighbor sent me a letter stating that the Poplar tree roots were causing damage to her inground pool. She began this right after I moved in 3 years ago. I am unable to visually inspect any damage. We went to arbitration but nothing was resolved.

She now sent another letter stating she is going to sue for damage to her pool.

I am under the impression that it is/was in her best interest to trim/cut the roots on her property when she first noticed them appearing or at any time thereafter. I do not know when the damage occurred, it may have been prior to me taking ownership of the property.

Am I liable for this? I live in NJ.

Please help.

Reply to post by Sarah, on May 24, 2001 at 19:22:34:

Are you liable? Probably not, but you need a lawyer more than you need an arborist. The neighbor should have used the "self help" rule to mitigate and even stop the damages.

Lew

Reply to post by Sarah, on May 24, 2001 at 19:22:34:

Commen sense and reasonable law would dictate that these actions were foreesable, that they are your trees and therefore your responsibility to mitigate.

Paul H.

Reply to post by Sarah, on May 24, 2001 at 19:22:34:

Commen sense and reasonable law would dictate that these actions were forseeable, that they are your trees and therefore your responsibility to mitigate.

Paul H.