Q: My neighbor’s tree has roots that grew into our yard. It has damaged our foundation. The tree is located on his side of the property. What should I do?
A: You may trim the portion of the tree roots or tree branches that have crossed over the property line into your property. You should immediately consult your own attorney to protect your legal rights. – Robin Mashal, LA Litigation Lawyer
But I’m sure you can still get sued for it – you can get sued for anything.
Here is more legal precedent:
The decision was based on previous cases in other states. The Appeals Court looked primarily to the Massachusetts court for precedent. Any landowner has the right to protect himself by cutting branches and roots up to the property line. As the Massachusetts court stated regarding a landowner who sued, “His remedy is in his own hands.” The court stated: (Michalson v. Nutting, 275 Mass. 232, 175 N.E. 490, 76 A.L.R. 1109):
