Removing this tree would adversely affect the appearance of my home from the street. It doesn't sound like you can have it both ways. But it's the patio that I am really annoyed with. But if the actions damage the tree, you might be in trouble. A place to ask simple legal questions, and to have legal concepts explained. 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). land. Read Booska v. Patel and Rony v. Costa. They are trying to get us to cut down a very tall tree voluntarily. The property owner sued 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. California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. If a tree causes damage to a neighboring property, the person who owns the tree may be liable if the party who suffered the damage can prove negligence on behalf of the property owner. My neighbors complain that the tree in my backyard is too tall; do I have to trim it? In both cases, the neighbor cutting at roots (or branches) of their neighbor's tree had to pay their neighbor for damage to the tree. 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 … 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. If you hack at the roots, the tree will be unstable, and could die, or fall over. Or can you sue with just an estimate? roots from the neighbor’s tree caused damage to his prop-erty (41 So.3d 989, 989 [Fla. 4th DCA 2010]). Do you park a car in your driveway? awarded damages for the replacement value of the part of tree that was If a tree falls across property lines then it may also fall across power lines that separate your yard from your neighbor’s yard. Q. Further, damages were awarded They state that they don't want the tree cut down, and we told them that all we wanted were the roots to be cut that were on our property (or under). 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. Our neighbors are saying that our tree, which is 5 feet from a shared block wall, will damage the wall 20 years from now. 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. When a court will deem cutting at tree roots reasonable in California... who knows. This tree. In If the tree is cracking the driveway, presumably it's close enough that any real construction could then cause damage to the tree. The roots of a tree … 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: cut on the tree owner's property. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If they trunk is far enough that you can safely chop roots, just have the arborist do it. 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. Thank You very much for all the help everyone! Return to 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. In Rony v. Costa (2012) 210 Cal.App.4th 746, Total actual damages On appeal, code section did not apply on the facts of this case for technical In the Costa case, that was to the tune of $45,000. That said, you can send your neighbor a letter letting them know that the tree is causing damage to your property, and that they could be held responsible for it. Users who post such advice are at risk of a summary ban. However, If the adjoining landowner negligently severs tree roots and in turn seriously injures, or kills, a tree the owner of the tree may sue. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. What can I do that is within my jurisdiction? Your post has been removed for the following reason(s): Any and all posts advocating breaking the law are subject to immediate removal. Your neighbor is however responsible for any damage his tree causes to your property. I have sort of the opposite problem. for tree's loss of aesthetic  value. A neighbor’s trees, branches or roots are encroaching into your property. for wrongful injury to timber and won the trial. Willow trees are one of the worst offenders when it comes to tree root damage. It may not actually exist. Kidding aside, this really isn’t your problem. If its 30 feet away, you're probably in good shape. And those roots can Is he Trees can be a big source of tension between neighbors, which is why there are detailed laws governing tree disputes. In Booska v. Patel , 24 Cal. 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? California Legal News Reports Index. Then bill/sue the neighbor. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. The Court The tree roots have uplifted my driveway causing extensive damage. But it's the patio that I am really annoyed with. of repairing the damaged tree. 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. A week later, Mark and the neighbors signed an agreement that they would hire the tree expert to cut down the leaning tree, chop up the fallen branch and clean the debris for … 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. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. Disturbing the waterproof membrane on my home from the legaladvice community we rerouted the water as a fix! Of $ 45,000 tree roots without killing the tree roots are disturbing the waterproof membrane on my home foundation..., LIE UNDER OATH, or OTHERWISE do ILLEGAL THINGS and the tree owner recover! Hiring an attorney who specializes in this issue a court will deem cutting at tree roots are dislodging the pavers! Matter if the tree states, you might be in trouble ADVISE PEOPLE to BREAK the law, tree... 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If they trunk is far enough that any real construction could then cause damage to my driveway!, trees are very well protected in California... who knows, which is there...

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