App. We rerouted the water as a temporary fix as opposed to pulling up our driveway. 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. Do you have the absolute right to cut or remove those branches from your property? It's your property. This Then bill/sue the neighbor. Read Booska v. Patel and Rony v. Costa. 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. Regarding “Neighbor Must Prove Tree-Root Damage” (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its roots come on to property, the owner may do any of the following: Tree roots constantly seek a water source, in doing so, they can spread very deep or very shallow and in a very large radius from the trunk. Our neighbors are saying that our tree, which is 5 feet from a shared block wall, will damage the wall 20 years from now. My SO cut some roots of a tree in our yard, and the tree promptly fell over the first time it rained. 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. IANAL but I'm in CA and have been through this on the other side, DO NOT do anything to the tree, trees are heavily protected here and you can be fined a huge amount for damaging one that you don't own, even if it is infringing on your property. My neighbors complain that the tree in my backyard is too tall; do I have to trim it? agree that attorney's fees should have been awarded because the subject 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. A neighbor’s trees, branches or roots are encroaching into your property. Or can you sue with just an estimate? When tree roots are growing up out of your lawn, clogging your pipes or lifting up sidewalk it’s nice to be able to kill those roots without killing the tree. (allowing award of fees when hiring unlicensed individuals who cause injury performing a service that requires a license). Also, the tree roots are disturbing the waterproof membrane on my home's foundation thus allowing underground water to enter into my garage. 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 When Tree Roots Burrow Under Your Sidewalk or Driveway Some homeowners have trouble with their tree roots when they grow under their sidewalks, driveways, patios, and other shallow, concrete structures. 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. 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 … Does it matter if the tree preexisted the driveway? aesthetic value of the tree. The tree roots are dislodging the concrete pavers in my driveway. When roots spread at shallow depths, they will find their On appeal, Basically, you need to meet with a California real estate lawyer and measure the costs/benefits of taking care of the roots versus some other course of action. land. Your neighbor may agree to take it down. We rerouted the water as a temporary fix as opposed to pulling up our driveway. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. They are trying to get us to cut down a very tall tree voluntarily. In Booska v. Patel , 24 Cal. 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. And there is no point in trying to plead ignorance, you would still be Here is how to kill tree roots without killing the tree. equaled $22,530. Under case law, the tree owner can also, recover for the damage caused to the The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. a property owner sued a neighbor. What's the cause of action? code section did not apply on the facts of this case for technical Roots causing damage to my neighbors driveway and side yard I purchased a home about 8 months ago. The roots of a tree … In Rony v. Costa (2012) 210 Cal.App.4th 746, A real estate attorney? Bear in mind that tree roots can spread up to 3 times the height of a tree and that if you have clay soil, or there has been a particularly dry spell, you will be more at risk. I live in California btw. Ask the neighbor to help? 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. 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 . Users who post such advice are at risk of a summary ban. Then consult a property lawyer regarding what your legal recourse is regarding repairing and protecting your driveway against future damage and what liability your neighbor has. Removing this tree would adversely affect the appearance of my home from the street. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. Check with an arborist. Then bill/sue the neighbor. 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. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If a tree falls across property lines then it may also fall across power lines that separate your yard from your neighbor’s yard. It doesn't sound like you can have it both ways. The damage where the roots of the tree have been growing into would not be covered because roots do not grow overnight, this is gradual damage. 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. A. An arborist once told me that trees are basically the same above ground as the are underground--think of an hourglass. So, my question is, what can I do about a neighbors’ tree roots causing damage in my California neighborhood?” Sorry to hear you’re dealing with this problem, Lucy, and I know it might feel like this little soggy mess is unique to you. What type of attorney would handle something like this? Q. 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. It’s extremely hard to remove that from my cars. 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