Are we liable for damage to our neighbor's backyard due to our tree roots going onto their property?
Question Details: My neighbor made a hole on his backyard to follow the root and cut it. We were not aware of the situation until he knocked on our door and explained what he done to our tree roots. Are we liable for anything on his property?
You are only liable if you are aware (or logically, under the circumstances, must have been aware) that your tree was damaging another's property. If you were unaware--as you most likely were--you are not liable. Liablity depends on you acting unreasonably in not taking steps to remediate or alleviate a risk or threat or problem--clearly, if you did not know of the problem, you would not be expected to do anything about it, and would not be liable for failing to do so.
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