Q Our neighbors had a 75-foot pepper tree growing in their backyard very close to the property line, and the root system has invaded our yard and begun to … Last week my neighbor discovered damage to her sewer line. If that has happened, your neighbor could be required to remove the tree. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the court didn't further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind. And, their house has been listed with an agent for sale or rent. Should the interference be more problematic, a neighbor may have the right to sue. In most situations, a neighbor who is bothered or worried by encroaching branches or roots of a healthy tree won't be able to successfully sue the tree … If the tree is on the property line, both property owners share the value of the tree and are responsible for upkeep on their side of the boundary line. tree. If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree. Take note, a judge will want to see proof of damages in the form of receipts showing the amount spent and any written estimates for work that has not been performed. You must take into account the health of the tree … 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. Tree encroachment onto neighboring property. You may need to send more than one letter should the owner continue to be uncooperative. 15. The tree roots have uplifted my driveway causing extensive damage. Whether you are liable for damages to your neighbor's property caused by the spreading roots of a tree on your property depends on what state you live in. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths. Are you breaking the law by breaking the branches? While you have the right to trim back branches or roots to your property line, it’s always a good rule of thumb to notify the tree owner before you make any cuts. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … Equity Legal LLP is the California attorney responsible for this advertisement. My communications are being ignored. Keep the tone respectful and emphasize your plan to keep the tree safe and healthy, while notifying the owner how the tree’s branches or roots have impacted your property. 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 person’s property. Neighbors tree roots causing damage by uplifting driveway, I have a duplex that has four of my neighbors trees bordering it on the other side of our fence. It cost me about 700 bucks every time they come and redo the pavers. First, it’s usually best to discuss the potential issue with your neighbor. Most cities make it clear if trees are public or private, based on the location of the trunk. Patel, 24 Cal. Trimming may only occur up to the boundary line between properties. The tree belongs to the person being sued. Many people do not realize that merely notifying the city, utility company, or homeowners’ association of invading branches or roots will resolve the issue. See, the end of the drought meant we all got quite a bit more rain than usual, which made the ground soggy and easy for roots to shift around in, leading to several instances of them smashing through pipes. Ok, thank you for that additional information. Which form when adding spouse to Grant Deed I own my home as ''sole and separate... More Real Estate and Real Property questions and answers in California. There are limits, however, to how far you may trim back (see below). You cannot injure the tree when trimming. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. Surprisingly, the answer is “No.” In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. >> We are open during COVID-19. My neighbor's tree-roots are destroying my driveway. If you happen to live in a planned community or subdivision, residents may very well be bound by certain restrictions in the Covenants, Conditions, and Restrictions (CC&Rs). Please contact us today for any legal related matter. But, absent some physical damage, California law does not provide any relief for the offended neighbor – unless they can prove the tree was improperly maintained. My neighbors tree is cracking my foundation. Gus: I have a neighbor and he has five huge oak trees in his front yard, and I live next door. Kidding aside, this really isn’t your problem. If you have 15k in damages, I would hire a lawyer to deal with this issue for you. At that time, the roots of the tree were pushing Johnson's patio stones upward, and the girth of the tree was causing the fence between the properties to bow inward toward his property. Mother changing property to son & spouse after father has passed How does my... Can a spouse change/remove the other spouse from title? In California, any claim up to $10,000 can be brought to small claims court. As the tree owner, there is a duty to ensure that trees are adequately trimmed for purposes of reducing injury, property damage, or death. Question: My backyard contains a big, beautiful shade tree. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage. That way, you don't run the risk of it falling and wrecking your property, or worse yet, hurting someone. Second, your neighbor could be held liable for damages, according to FindLaw.Third, if your neighbor doesn’t do anything about it, the tree could be considered a nuisance, and you could file a nuisance claim, FindLaw says. Learn more. Learn more about this in the section on subrogation below. While laws do vary in each state, your neighbor may be responsible for: The cost of removing or replacing the damaged tree. The contractor charged over $12K to completely replace the line from the street to the house. 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. Johnson purchased the house about six years ago and shortly afterward became concerned about the root structure of his neighbour's giant tree. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. He refused to let me trim them to the normal 8 to 10 feet tall, while his property is already 7 feet above my property. I know in California, I cannot cut the roots on my side, or I will be liable if the tree falls on his property and causes any damage App. Property owner’s are often upset when a neighbor’s trees drop leaves, or fruit, or branches, or even limbs onto their property. One day the neighbor went out and cut all of the roots back to the property line and to a depth of 3 feet. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. Keep in mind, many small claims judges will require proof of a demand letter before allowing the case. To remove the tree, both property owners must consent. First, you will need to determine whether the tree is on city property. We sent a certified letter letting the owner know about the problem. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another. While one neighbor may be enjoying the shade provided by a beloved old tree, they may not realize that over time, branches have extended into their neighbor’s yard, and cause a property line dispute. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. If necessary, you can sue to enforce your rights. The owner may want to share the costs or pay for the cost should pruning be more extensive. Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. My neighbors tree is cracking my foundation. For this reason, you may not be able to charge a neighbor for its removal. The only nuisance we ever had from this tree was regarding its leaves. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Do not assume that you are entitled to any compensation as a result of the complaints you have. While a couple of limbs or some minimal shedding may not present a problem, over time, limbs may pose a threat to the neighboring foundation, structures or debris may be clogging gutters. We assist our clients with litigation, contractual, development, investment, and much more. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. The contractor charged over $12K to completely replace the line from the street to the house. But my neighbor has several very tall trees (about 10 trees, 50 feet tall) along the border and have extended beyond required set back of the building. We are conveniently located in downtown on the 33rd floor of Symphony Towers. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." Even if the tree is on private property, the city may step in and trim it back if the tree is interfering with city property, such as the obstruction of a sidewalk, crosswalk or blocking the view at an intersection. This website is attorney advertising: prior results do not guarantee a similar outcome. Re: Neighbors tree roots causing damage by uplifting driveway. 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