Should neighbor pay for sewer damage caused by tree roots?
The information in this column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
Q: The roots from my neighbor’s tree damaged my sewer, and I had to pay $3,000 to replace the line. This is the third time sewage has backed up into my house due to those tree roots. He has refused to have the tree removed. Can I make my neighbor pay?
A: Maybe. You could try suing your neighbor in small claims court.
Your neighbor has a duty to prevent the tree from harming your property. However, because tree roots usually take years to cause damage, the judge or a jury may find you were partially or even completely at fault for not taking adequate steps to prevent the damage.
It would be helpful if you could prove that on prior occasions you requested that your neighbor remove the tree or take other steps to prevent the roots from causing damage to your sewer line.
Be aware going in that you may spend many hours attending to this lawsuit, and in the end you still might come away emptyhanded.
You may not be too friendly with your neighbor now, especially since his tree has cost you so much money and anguish. But keep in mind that relations will only get worse if you sue him.
Q: If I have already deeded my home to an individual before my death, do I have to state in my will that upon my death my home is not to be included as part of my estate?
A: No. Your will transfers only the properties you own when you die. Your will also transfers only the properties that do not otherwise pass to a beneficiary automatically.
If you give away or sell your home, then you will no longer own it at death. Your will does not need to mention assets you no longer own.
If you sign a transfer on death deed, then the individual named as a beneficiary in the deed will receive it automatically at your death, and the home will not be disposed of by your will. However, the beneficiaries designated to receive the home in the transfer on death deed might all have died, and in this case, it would be prudent for your will to say how your home should pass in that instance.
Q: I filed the application to probate a will approximately three years after death. There was a will contest, and now we are past the four-year limit to admit the will to probate. Can the will still be admitted to probate?
A: Assuming you are able to dispense with the will contest, you should be able to have the will admitted to probate after the four-year point because you started the process in plenty of time.
Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com