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. 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. You don't live in most states... you live in California. 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 … code section did not apply on the facts of this case for technical What's the cause of action? 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. Looks like the general consensus is to first consult an attorney who specializes in this issue. the appellate court agreed with the trial court except it did not It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. Then bill/sue the neighbor. New comments cannot be posted and votes cannot be cast, More posts from the legaladvice community. The law technically allows you to hire a licensed professional to "reasonably" cut back the roots. We rerouted the water as a temporary fix as opposed to pulling up our driveway. You can sue neighbor first if you don't mind waiting. 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 … a property owner sued a neighbor. A real estate attorney? 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. 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. But it's the patio that I am really annoyed with. 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 … Roots causing damage to my neighbors driveway and side yard I purchased a home about 8 months ago. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … land. Read Booska v. Patel and Rony v. Costa. 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. California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. If I park in my driveway tiny amounts of oil like drops are getting attached to my cars. damages. But if the actions damage the tree, you might be in trouble. I have sort of the opposite problem. If its 3 feet away, uh-oh. 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. 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. How do you decide which "wins", the driveway or the tree? 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? Learn more about these laws and others at … DO NOT ADVISE PEOPLE TO BREAK THE LAW, LIE UNDER OATH, OR OTHERWISE DO ILLEGAL THINGS. In I'll look into getting an estimate for the repairs and then consult the attorney in regards to how to proceed further before taking any action on my part. Press question mark to learn the rest of the keyboard shortcuts. summary, in California, trees are well protected. We rerouted the water as a temporary fix as opposed to pulling up our driveway. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. Laws vary somewhat but most states say that if the roots of a homeowner’s tree damages a neighbor’s drive or home, then that’s the n… equaled $22,530. 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. 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. 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. 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. It may not actually exist. When roots spread at shallow depths, they will find their aesthetic value of the tree. agree that attorney's fees should have been awarded because the subject The Court Press J to jump to the feed. which it had authority to do per CA Civil Code �3346. 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. You are supposed to be able to recover those costs from your neighbor. property. How far is the trunk from your property? Fines for damaging a TPO protected tree are severe - up to £20,000 for destroying a tree even up to £2,500 just for causing damage such as cutting through roots. Welcome to the club—neighbors who have a dispute about trees. Return to Our neighbors are saying that our tree, which is 5 feet from a shared block wall, will damage the wall 20 years from now. 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 live in California btw. They are trying to get us to cut down a very tall tree voluntarily. 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. A neighbor’s trees, branches or roots are encroaching into your property. The tree roots have uplifted my driveway causing extensive damage. If you hack at the roots, the tree will be unstable, and could die, or fall over. In Rony v. Costa (2012) 210 Cal.App.4th 746, Nuisance? In most states, you could hack at the roots all you want. But it's the patio that I am really annoyed with. Also, the tree roots are disturbing the waterproof membrane on my home's foundation thus allowing underground water to enter into my garage. 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 . The tree roots are dislodging the concrete pavers in my driveway. Thanks again everyone! 3346 allow a tree owner to recover up to three times the cost 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. Ask the neighbor to help? 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. In the Costa case, that was to the tune of $45,000. substantial parts of the tree and that were on the tree owner's 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 of repairing the damaged tree. cut on the tree owner's property. 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. 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: If a tree falls across property lines then it may also fall across power lines that separate your yard from your neighbor’s yard. Maybe just fix the driveway? Get an estimate of the cost to repair the damage and a further (separate) one for cutting back the roots and installing a wall below ground to force them to regrow deeper. A big tree on the condo’s property has roots encroaching onto my property. Here is how to kill tree roots without killing the tree. Given the prior costs of messing this up, there is no way you should proceed without hiring an attorney first. Thank You very much for all the help everyone! Do you have the absolute right to cut or remove those branches from your property? My SO cut some roots of a tree in our yard, and the tree promptly fell over the first time it rained. Then, on top of that, the court awarded attorneys’ fees per CA Code of Civil Procedure �1029.8 Trespass? 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. While they did remove multiple roots, there was no way for us or them to connect it to the neighbors tree at that time. Trees can be a big source of tension between neighbors, which is why there are detailed laws governing tree disputes. 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. App. reasons. And those roots can 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. 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. If they trunk is far enough that you can safely chop roots, just have the arborist do it. Total actual damages What type of attorney would handle something like this? unlicensed day laborer to trim a tree which was encroaching over his This An arborist once told me that trees are basically the same above ground as the are underground--think of an hourglass. Then bill/sue the neighbor. California Legal News Reports Index. Your post has been removed for the following reason(s): Any and all posts advocating breaking the law are subject to immediate removal. Do you park a car in your driveway? 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. On appeal, Trees are very well protected in California it seems. My neighbor’s tree is damaging my cars. (allowing award of fees when hiring unlicensed individuals who cause 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. 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. In Booska v. Patel , 24 Cal. Would this tree cause damage to your car if it fell on it? It doesn't sound like you can have it both ways. Now the property owner's damags totalled $45,060 in tree. Or can you sue with just an estimate? If the tree is cracking the driveway, presumably it's close enough that any real construction could then cause damage to the tree. injury performing a service that requires a license). 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. When a court will deem cutting at tree roots reasonable in California... who knows. 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. Removing this tree would adversely affect the appearance of my home from the street. 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. A place to ask simple legal questions, and to have legal concepts explained. Then repair your driveway. Does it matter if the tree preexisted the driveway? My neighbors complain that the tree in my backyard is too tall; do I have to trim it? The roots of a tree … Check with an arborist. 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. roots from the neighbor’s tree caused damage to his prop-erty (41 So.3d 989, 989 [Fla. 4th DCA 2010]). Q. What about your neighbor’s tree that leans far into your yard and prevents your use of a corner of My neighbor informed me that the roots from my Giant Birds of Paradise are causing damage to his driveway, walkway and foundation. Is he Willow trees are one of the worst offenders when it comes to tree root damage. The neighbor hired an 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. Your neighbor may agree to take it down. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. 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. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. If you feel this was in error, message the moderators. It’s extremely hard to remove that from my cars. Would he have to get the work done and then sue them? The property owner sued It's your property. But the worker also cut (i.e., hacked with a chain saw) Kidding aside, this really isn’t your problem. And there is no point in trying to plead ignorance, you would still be Further, damages were awarded A. awarded damages for the replacement value of the part of tree that was Check with an arborist. If its 30 feet away, you're probably in good shape. The roots have been damaging my concrete driveway and the foundation of my … The trial court then doubled the actual damages What can I do that is within my jurisdiction? 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. 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. The most dramatic and obvious example is a tree that is felled during a storm and falls on your house or a vehicle parked in the garage or driveway. 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). Under case law, the tree owner can also, recover for the damage caused to the for tree's loss of aesthetic value. This. for wrongful injury to timber and won the trial. 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 Your neighbor is however responsible for any damage his tree causes to your property. 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). 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