I have three big trees on my front yard next to the property line, one has approximately a sixth of the trunk on my neighbors yard and of course the trees have branched over the property line and rooted under the neighbors driveway which is damaged. The driveway damage has existed since I moved there 15 years ago, the current neighbor has been living there 6 years. She is suing me for repair cost caused by the roots which includes two garage doors she had to replace (supposedly). Can she sue for a condition present when she bought the home?, in reference to the purhchsing agreement which states the property is being sold in its present physical condition.
1 Answer from Attorneys
Can she sue you? Yes. Will she win? Quite likely. The changes in ownership probably don't affect liability; the obligation to maintain trees so that they don't trespass and don't become a private nuisance runs with the land, and isn't personal to the owner at the time. There might be defenses based upon statutes of limitations that could be used against such a suit, but again probably not with success against a well-written complaint.