A neighbor’s trees, branches or roots are encroaching into your property. I have tried to communicate with my neighbors multiple times but they refuse to listen, even when we offered to pay for the tree to be cut down. I have sort of the opposite problem. Users who post such advice are at risk of a summary ban. How far is the trunk from your property? But what you can do is express concern that his or her tree is at risk of damaging your property the next time a big storm rolls around. If its 30 feet away, you're probably in good shape. Roots from my neighbor’s tree have grown under the driveway of my house in Astoria, Queens, causing the asphalt to heave, buckle and crack. California law makes it very clear that you do NOT have the right to sever the roots or otherwise harm the tree, even if it is growing in part on your property. Then, on top of that, the court awarded attorneys’ fees per CA Code of Civil Procedure �1029.8 tree. Maybe just fix the driveway? Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … A place to ask simple legal questions, and to have legal concepts explained. Your neighbor is however responsible for any damage his tree causes to your property. Q. Then bill/sue the neighbor. Do you have the absolute right to cut or remove those branches from your property? Is he 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. A. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. You are supposed to be able to recover those costs from your neighbor. If my neighbors tree roots are damaging my driveway and causing a safety hazard, and I have a driveway repair company trim the roots back, am I liable for any damage that may occur to his tree, including falling? Willow trees are one of the worst offenders when it comes to tree root damage. Severing roots, especially roots that are large enough to crack a driveway, is a great way to destabilize a tree both in terms of health and balance, and you could easily end up owing the neighbor the value of the mature tree (which can run into the tens of thousands). My neighbor, of 5 years, is threatening to sue me in an attempt to get me to cut down a tree planted about 25 years ago and kill it's roots. You are clearly going to want a licensed professional with liability insurance, and you are going to need to make sure that insurance covers you if there is a claim. agree that attorney's fees should have been awarded because the subject nuisance.”1 In the context of neighbors and their trees, the branches from your neighbor’s tree that rub against your roof or the roots that push up your sidewalk are considered a nuisance. If you feel this was in error, message the moderators. App. If the trunk is far enough that you can safely chop roots, just have the arborist do it.The arborist will know if its safe and will/should know if its legal.If you want your driveway repair sooner than later, then do it. California law makes it very clear that you do NOT have the right to sever the roots or otherwise harm the tree, even if it is growing in part on your property. Under case law, the tree owner can also, recover for the damage caused to the A real estate attorney? the appellate court agreed with the trial court except it did not  And those roots can A big tree on the condo’s property has roots encroaching onto my property. awarded damages for the replacement value of the part of tree that was a property owner sued a neighbor. You can sue neighbor first if you don't mind waiting. Further, damages were awarded My neighbors complain that the tree in my backyard is too tall; do I have to trim it? Hi, Like the title says, my neighbor has a maple tree which is lifting up portions of my driveway and creating cracks in my driveway. When it comes to property damage from a neighbor's tree roots, the general rule is that any part of the tree encroaching onto your property is your responsibility, including maintenance. for wrongful injury to timber and won the trial. It’s likely he made the same assertion to the previous owner who apparently didn’t think to divulge it to you under the disclosure portion on the sales contract, possibly because he wanted to hide the fact or because it had little or no merit. But it's the patio that I am really annoyed with. In Rony v. Costa (2012) 210 Cal.App.4th 746, Where the roots of a tree causes damage to a neighbouring property the owner of the tree can be liable, under the law of nuisance, for such damage. Press J to jump to the feed. 3346 allow a tree owner to recover up to three times the cost The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. Also, the tree roots are disturbing the waterproof membrane on my home's foundation thus allowing underground water to enter into my garage. And there is no point in trying to plead ignorance, you would still be Your post has been removed for the following reason(s): Any and all posts advocating breaking the law are subject to immediate removal. What about your neighbor’s tree that leans far into your yard and prevents your use of a corner of We rerouted the water as a temporary fix as opposed to pulling up our driveway. In Booska v. Patel , 24 Cal. To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. Thanks again everyone! But if the actions damage the tree, you might be in trouble. The roots have been damaging my concrete driveway and the foundation of my … (allowing award of fees when hiring unlicensed individuals who cause This. When a court will deem cutting at tree roots reasonable in California... who knows. The roots of a tree … Whether the issue is one of: (1) roots lifting driveways; (2) trees dropping debris; or (3) trees blocking views, it is important not to underestimate the complexitiesRead More which it had authority to do per CA Civil Code �3346. land. Your neighbor may agree to take it down. It’s extremely hard to remove that from my cars. An arborist once told me that trees are basically the same above ground as the are underground--think of an hourglass. summary, in California, trees are well protected. Now the property owner's damags totalled $45,060 in What's the cause of action? California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. From the sound of it, the cost to repair your driveway, which you'd eventually have to do anyway even without the tree there, is far less than what you'd incur to litigate this. The trial court then doubled the actual damages However, if the damage caused a secondary issue like your pipe bursting and water enters your home suddenly, then you might be covered for the water damage . In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree’s roots or branches extend into another … Check with an arborist. By JUDD MATSUNAGA In California, where trees are plentiful, homes are close to each other, and homeowners often have a disproportionate sense of entitlement, tree disputes are commonplace. High Court confirms relevant test when determining liability for tree root damage Khan v LBC: High Court confirms the relevant test when determining a tree owner's liability for tree root damage In my previous article "Rooting for Trouble" (October 2012), I discussed the issue encroaching tree roots and the claims that arise as a result of damage caused by the roots Or can you sue with just an estimate? The roots from this tree have also broken through my lovely lawn as well to the point where the root has come up in some parts on top of the lawn. injury performing a service that requires a license). It doesn't sound like you can have it both ways. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Our neighbors are saying that our tree, which is 5 feet from a shared block wall, will damage the wall 20 years from now. 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Could hack at the roots very well protected worst offenders when it comes tree... Law technically allows you to hire a licensed professional to `` reasonably '' back!
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