Tree Roots and Driveway Damage: Who’s Liable?

A Legal Gray Area

Roots from a neighbor’s tree cracking your driveway create a tricky liability question. General legal principles:

• You may cut roots on your side of the property line, even if it harms the tree.
• Suing the tree owner for root damage is difficult; courts often view it as an “act of God” covered by the driveway owner’s insurance.
• Outcomes depend heavily on local ordinances, judge discretion, and specific facts.

Document damage with photos, notify the neighbor in writing, and consult an attorney if repairs are costly.