Is the neighbor obliged to repair the fence when the roots of the trees on his side have destroyed it?

It is important to establish good relations with neighbors.  I think you should try to find a middle ground.

According to Polish law, the owner of the property on which the fence is located is obliged to maintain it in proper technical condition and repair any damage that may arise as a result of its damage. In the case you describe, if tree roots on the neighbor's (left) side have caused damage to the fence and the trees have already been cut down, then the property owner on the left (neighbor) will be responsible for repairing the fence. Under Polish law, neighbors have an obligation not to hinder each other's use of the property and to take steps to avoid damage that may result from neighborly activities. This means that if tree roots from a neighbor's property caused damage to the fence, the owner of that property (the neighbor) will be responsible for repairing the fence.

In the event of a dispute regarding the repair of the fence, it is recommended to resolve the matter by agreement between the neighbors. In the event of disagreement, you can use the help of a mediator or apply to the court, which will make the final decision in the matter on the basis of applicable law.

It is worth remembering, however, that the responsibility for repairing the fence may vary depending on the circumstances, such as local regulations, agreements between neighbors or possible notarial arrangements. In this case, it is always worth consulting a lawyer or other competent professional who will be able to provide more accurate information and advice in a specific situation

There is no information whether the fence is placed on the border of one property or on the border of neighboring plots.

If a fence or wall is erected on the border of one property, the owner is obliged to maintain and use it in accordance with the requirements and with care for its condition. (Article 61 point 1)

Pursuant to Art. 154 of the Civil Code, the wall located on the border of adjacent lands is used by neighbors for common use. Therefore, the users are obliged to jointly bear the costs of their maintenance.

According to Polish law, if the roots of a tree from a neighboring property have damaged the fence on your plot, the neighbor is responsible for repairing the damage, even if he is not directly at fault.

Yes, in Poland, the owner of real estate with trees is obliged to prevent damage caused by his trees to his neighbors and remove the damage that has already occurred. According to Art. 991 of the Civil Code, the owner of real estate with trees, shrubs or other plants growing on the border of the real estate is obliged to cut them so that they do not cause damage to the neighboring real estate.

If tree roots on a neighbor's side have caused damage to a fence or wall, the owner of the property with the tree should take appropriate steps to repair the damage and prevent further damage.

In the event of disagreement between the neighbors on how to repair the damage, either party may apply to the court for a judgment ordering the repair to be made. In such a situation, it is worth using the help of a lawyer or legal clinic

By law, he must pay for damages that have caused the destruction of a large property

I am not a lawyer, but I can share general information about the law in Poland that may be helpful in this situation.

In Polish law, liability for damage to neighboring property related to tree roots may be determined on the basis of the Civil Code, in particular Article 144 and Article 222.

In practice, determining liability for damage caused by tree roots can be complex and may depend on the circumstances of the particular situation, such as the condition of the fence prior to destruction or the behavior of the tree owner during repair.

The best solution in such a situation is to try to settle the matter amicably with the neighbor, for example by asking for damages to be repaired or jointly organizing the repair of the fence. If an agreement is not possible, you may consider using a lawyer or mediator to resolve the dispute. In some cases, it may also be necessary to go to court to determine the neighbor's liability and possible compensation for damages.

There are several other articles of the Civil Code that may also be useful in the described situation:

1. Article 140 - talks about boundary obstacles that are intended to separate adjacent properties. This article sets out the obligation to maintain boundaries and the rules for carrying out repairs.
2. Article 142 - talks about the protection of real estate against damage caused by neighboring real estate. If actions on one property cause damage to another, the owner of the injured property may demand that the damage be remedied.
3. Article 143 - concerns the rights and obligations of owners of neighboring properties. The property owner has the right to use the property in a way that does not interfere with other owners' use of their property, as long as these activities are consistent with the intended use of the property and do not violate the law.
4. Article 361 - regulates liability for damage caused as a result of non-performance or improper performance of obligations. If the neighbor is responsible for the repair of the fence and has not fulfilled this obligation, he can be demanded to repair the damage based on this article.

It is worth noting that every situation is different and the interpretation of the law may vary depending on the specific circumstances. Therefore, it is always worth consulting a lawyer to obtain professional legal advice tailored to your individual needs.

Thank you

Is the neighbor obliged to repair the fence when the roots of the trees on his side have destroyed it? Yes, a neighbor is responsible for repairing the fence if tree roots on their side have caused damage to the fence. In this case, it is recommended to consult with your neighbor to determine the cost of repair.

Here in South Africa we have (By laws) which provide guidance for each individual home,land, road, etc. Yes the neighbour is responsible to fix the damage caused by the tree. If they don't understand that you have a right to involve municipality.

According to Polish law, if the roots of trees that grow on the neighbor's side cause damage to the fence, the owner of the fence is generally responsible for repairing the fence. However, if the fence owner proves that the damage was caused by improper tree planting or lack of proper care by a neighbor, you may be able to claim damages from your neighbor for repairing the fence.

In the event that the roots of trees cross the border of the plot and threaten the fence, the owner of the fence has the right to remove these roots. However, before removing them, you should contact your neighbor and inform him of the problem and offer him a solution to the situation.

It is worth noting that the final decision in such a situation depends on the court, which will take into account various factors, such as the type and age of the trees, the method of planting and caring for them, as well as the circumstances of the damage to the fence.

The answer to this question may depend on the laws of your country or region and the agreement or agreement between your neighbors. In general terms, if tree roots from a neighbor's garden have damaged a fence, the neighbor may be responsible for repairing the fence.

However, if the tree has been cut down and the roots are no longer present, the situation can be more complicated. In this case, it must be determined whether the roots of the tree actually caused damage to the wall and whether the neighbor was aware of the problem. If a neighbor knew that the tree's roots could cause damage to the wall, and yet failed to act to prevent the damage, then he or she may be responsible for repairing the wall.

In any case, we recommend that you reach out to your neighbor and discuss the issue, and ideally you should contact a lawyer or neighborhood dispute resolution agency for advice and assistance in resolving the situation.

Laws regarding obligations to repair a fence in the event that a neighbor's tree roots have damaged it may vary by jurisdiction and local laws. Much depends on the specific situation and local law.

In general, if the roots of a tree on a neighbor's property have caused damage to a fence, it is usually a civil matter that can be dealt with by local authorities or courts. In some jurisdictions, it may be the responsibility of the tree owner to repair the fence if it is proven that the roots of the neighbor's tree directly contributed to the damage to the fence.

If this is the case, you may want to consult a local real estate solicitor or the legal advice authority in your jurisdiction. They will be able to discuss local regulations in more detail and advise you on the fence repair responsibilities in your particular case.

It is also important to maintain good communication with your neighbor and try to resolve the dispute peacefully. It is possible that you can reach an agreement on repairing the fence or sharing the costs, which may be more beneficial and mutually friendly than pursuing a legal dispute.