Damages to Home Caused by Roots of Neighbor’s Eucalyptus Tree

Question: My neighbor in Laveen has a huge Eucalyptus Tree. The roots of this tree encroach into my backyard. Can I hire a contractor to remove the roots?

Answer: A property owner is entitled to remove the roots [or branches] of an encroaching tree, unless removing the encroaching roots will kill the tree. You should hire an arborist who can answer that question. If the answer is “yes,” the property owner’s remedy is probably only money damages for the loss in value of his property due to the encroaching roots. If the answer is “no,” the property owner should be entitled to remove the encroaching roots, but under the Arizona “good neighbor” court decisions, the property owner has to pay all costs of removal. More recent decisions in Hawaii and other states require the neighbor to pay all costs of removal.