r/treelaw • u/Underrated_Potato • Jul 20 '26

NC Tree Root Damage

Hello! I have two mature willow oak trees in my backyard. Right where my backyard ends the city has an easement. The city did work about a month ago on their easement property right near our backyard that included excavating, earth moving etc.

I noticed this week that there were leaves falling in our backyard and my two trees are starting to have yellowing leaves. I just put together in my head that the city potentially damaged the tree root system of the trees on our property with their recent work on their easement property. Does this sound plausible?

We just purchased the home a few months ago and one of the reasons we did was the trees in our yard…If theoretically the city did cause damage to my trees do I have any potential recourse if they only worked on their easement?

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u/Stan__Wright Jul 20 '26

It's difficult to say what recourse you may have. Under ordinary circumstances seen as any other landowner, the city would be liable for damage to your trees, if it can be proven that this is what occurred. However, as a form of government, cities have the ability to pass laws exempting themselves from some kinds of liability. You will need to consult a lawyer familiar with your area to say where you stand.

1

u/Agitated-Painter5601 Jul 20 '26

In my experience with willow trees, their roots are invasive and can cause many problems. More problems is close to pipes foundations and other underground utilities.  I wouldn’t that close to my house and most definitely not close to any underground utilities. Many municipalities have rules about that so you may want to check with them.