california hoa tree root damage

And they refuse to take the trees down. Many people experience damage to their building structures, pipes, and property from tree roots. California Tree Damage Laws. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Tree Root Damage An HOA maintains the front yard of the homes in the association. The California Code for a Landowner's Right to Trim Trees. Kidding aside, this really isn’t your problem. Learn more about conflicts with neighbors, trees, property, real estate, property lines, damage, and other legal topics at FindLaw's Real Estate section. By JUDD MATSUNAGA. Unfortunately, our relationship has kind of soured as of late—and it’s all because of my neighbors’ old mulberry tree. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by… Tree Root Damage. Get a plumber involved ASAP, and sort out the legal stuff next. I have had the line snaked and cleaned out. Should I sue in smaill claims? Damage and disruption amongst neighboring lot owners, caused by tree … ~Henry Wadsworth Longfellow Neighbor Disputes Unfortunately, trees can bring disharmony to neighbors when branches or roots encroach over or on the land of another or interfere with views. Q. It’s tempting to want to try and force your neighbor to make it go away, I know, but stay focused on what’s going to be most productive. Neighbors’ tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home’s plumbing. 2. Tivoli Lakes is currently defending two slip-and-fall lawsuits resulting from root damage to its sidewalks. Consumer Reports explains who pays for the damage when a tree falls. If the tree is inherently dangerous or poisonous. In California, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). California: Tree roots from a neighboring tree have damaged a block wall, gate and concrete at my moms house. In many other states the law is unclear. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. Property Damage From a Neighbor’s Tree Roots – Your Rights and Options 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. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. California: Tree roots from a neighboring tree have damaged a block wall, gate and concrete at my moms house. Since it is very broad, does maintance also include damage by the HOA trees. Since it's in the common area, it's the HOA's responsibility to maintain the tree. 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… Posted in Pool Insights. We are open to safely serve you during this time. Call a plumber right away. We guarantee our service techs will treat you like a valued neighbor. A crack was caused by the roots and the roots got into the line. Damage also occurs through compaction of the soil from heavy equipment repeatedly driving over the root zone or construction supplies being stored under and around the tree. 15. Whomever owns the tree/is responsible for the tree has the liability here. Don’t just let bad feelings grow underground, breaking the relationship between you and your neighbor. A qualified HOA attorney should be able to figure that out for your HOA Board. Your home insurance covers certain risks and perils. ... Getting to the root of what homeowners insurance typically covers. The responsible homeowner will be billed for the cost to replace any tree broken, damaged or killed by climbers. Disputes are quite common between associations and their members over issues such as delinquent dues and assessments, violations of rules and regulations and maintenance and repair issues. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Lucy’s situation—wherein a neighbors’ tree has roots that have reaped havoc on her underground pipes—has been a fairly common one for homeowners throughout Northern California this year. Conversely, if the tree, branches, or roots are healthy, you are not required to trim them back or liable for damages caused by them. Lucy writes: “I always thought my neighbors and I were on great terms. Neighbors’ tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home’s plumbing. My neighbors, for whatever reason, have been less than accommodating about all this, saying they’re really sorry but they’re not going to do anything to help me out. It’s on her side of the property, but its roots extend into my yard underground. If an encroaching tree was planted, not wild, the neighbor may sue. The offending roots came from one of the association's trees. I’m thinking maybe state law has something to say about this. 11pm HOA Tree Trouble A local family says they have been battling their homeowners' association over tree roots that are damaging their home. The association had known of the sidewalk's condition and had taken no action to warn pedestrians of the dangerous condition or to repair it. These barriers deflect roots deeper into the ground and away from foundations, pavement, plumbing, and more. We own a townhouse style condo (one unit on each side, no unit above or below ours ). More About Homeowners Insurance and Tree Damage. If that has happened, your neighbor could be required to remove the tree. California HOA laws are constantly being amended to address current issues that face association members and associations. But for some homeowners, recognizing that a rupture has taken place may not be so obvious. And if your neighbor's tree falls on yours? Damage caused said activities shall be the responsibility of home owner. So you have to be careful about cutting branches and roots, even if they extend onto your property. Relevance. A crack was caused by the roots and the roots got into the line. If I were your neighbor I would argue that it was encroachment by your tree roots which caused the damage, and that you are thus responsible for the full cost (your 50%, plus the damage to my 50% caused by the encroaching tree roots). In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm … For more information on the potential damage of tree roots in your backyard, contact us. 1 decade ago . We would like to hear from you. I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners’ Association Act requires that amendments made to HOA rules be “recorded in the public records of the county in which the community is located.” If the rule was adopted after that date, it should be recorded. Lucy has smiled and waved at her neighbors for years, never realizing that they were actually inadvertently causing her big problems under the ground. The first step in understanding if your home insurance will cover tree damage is to understand if the damage was sudden and accidental, or if it would be considered gradual damage. But if the opposite is true, she just has to deal with it. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) Considerations. This case, however, is presently pending appeal before the California Supreme Court. The patio area is only the HO's responsibility if the problem was not caused by an HOA issue...such as an HOA tree root that caused the damage. Basically, it depends on how much harm the tree roots are causing. The plumbing side of Lucy’s conundrum is a good deal simpler than the legal side, at least as far as I’m concerned. In fact, I’ve been having standing water seep up into my yard because of it. Therefore, if a branch or root from your tree is encroaching on neighboring property you are only responsible for trimming it or for damage caused by failure to do so if the branches or roots are from a dead tree. 0. Good evening. Complaints to the adjacent property owner have resulted in the tree being cut down, but no removal of tree stump or tree roots causing the damage. If a tree encroaches on neighboring property, the neighbor may sue if the tree was planted, not "wild." like myself come across all the time. A neighbor may only sue if the tree is noxious. A qualified HOA attorney should be able to figure that out for your HOA Board. The HOA is citing both the CC&Rs and the California Penal code to deny our claim- both state that homeowners are responsible for their sewage line maintance. However there is a big tree 15 feet away from our deck and its roots have grown under the deck … Share this article. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) A utility company, such as the telephone company, will usually trim a tree that might damage its equipment--for example, if limbs are growing into or hanging dangerously over the lines. In this case, it appears unlikely that the tree owner bears any responsibility -- but it is possible, depending on the factual circumstances. Please send us a message by filling out the form below and we will get back with you shortly. If small claims means … definitions and sources of law. Common trees whose roots radiate and can ultimately cause this kind of damage include poplar, ash, alder, and pine. 2. 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. 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. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. Tree Roots and Damage To My Pipes. This is no different than if this was a boundary tree between neighbors. California Law for Homeowners Maintaining Shrubbery Property Line. During the rainy winter, I talked about related issues like, why common storm damage to plumbing can come as a surprise. Prevent further damage with these tips: Install root barriers before planting trees. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. Tree encroachment onto neighboring property. 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. Consumer Reports explains who pays for the damage when a tree falls. Answer Save. We’d say hello after work and we’d watch each other’s houses whenever one of us went out of town on vacation. Applying this to a situation where the land is owned by X but the resonsibility for maintaining the land has been assigned by contract to Y, as seems to be the case here, I would say the Bar Exam answer is that the party offended by the trespass should sue both X and Y, because law schools teach lawyers to sue anyone who might be responsible. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because … Tree Damage Covered by Insurance . Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. division 1. persons [38 - 86] division 2. property [654 - 1422] division 3. obligations [1427 - 3273] division 4. Trimming Back Branches. In these states, a case might be successful if the tree: Trees contribute to the value and enjoyment of your property, as well as to the overall ambiance and quality of life in a community. If I were you I would argue this as maintenance of a jointly owned wall, with each neighbor responsible for 50% of the cost. Prevention is key to avoiding costly tree root damage. I hear the wind among the trees Playing the celestial symphonies; I see the branches downward bent, Like keys of some great instrument. Conflicts involving trees and neighbors are best resolved through communication, but there are laws covering these types of situations. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. Here are some signs to look for if you suspect one of your underground pipes has ruptured or been damaged by tree roots: If you’re experiencing backups in your drains, bathtub, or toilet, it’s probably because your home’s connection to. 3 Answers. The trial court found in favor of the association. Your community is our community. However, use caution with this tip. , possibly due to a ruptured pipe. 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: 3. Also, upon your learning of the roots’ encroachment into your property, legally you must disclose it in writing to a prospective buyer, which may render your home unmarketable, preventing you from selling it unless and until the encroaching tree roots have been killed. If Lucy can, however, determine that removing or trimming back the roots won’t harm her neighbor’s tree, she has the legal right to ask her neighbor to have the work done for her. An HOA maintains the front yard of the homes in the association. The tree may be a living thing, and you have no idea where the roots might grow, but it is still your property. In California, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). Villa Romano HOA, a woman suffered injuries when she tripped over a portion of the city's sidewalk that had been raised by tree roots. From furnace replacements to plumbing repairs and energy-efficient window upgrades, each of the Bell Brothers services is designed to ensure your home stays a cozy sanctuary for your family. When encroaching branches or roots cause severe harm or damage to neighboring property. Thanks to the increase lately in these pipe problems, it’s my guess that plumbers throughout the area have had to brush up on some of the legal issues that surround these types of situations in order to help their clients out. Tags. No agreement to fix damage … The California Code for a Landowner's Right to Trim Trees. Removing their trees/grinding down their stumps kills their roots. However, to the extent that they grow into or above a neighbor’s property, encroaching branches and roots belong to the . 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. preliminary provisions. You can start by having an attorney send a legal letter on your behalf. We have a wooden deck in the back our unit. The association had known of the sidewalk's condition and had taken no action to warn pedestrians of the dangerous condition or to repair it. This includes selecting only those types of trees and shrubs that pose the least threat to structural systems of any type. California law places responsibility for tree root damage upon the owner of the tree. the civil code of the state of california. Complaints to the adjacent property owner have resulted in the tree being cut down, but no removal of tree stump or tree roots causing the damage. Damage caused said activities shall be the responsibility of home owner. Schedule an appointment today! He or she should be well versed in both the local ordinances, as well as how much damage is being caused. On the other hand, I'd be prepared to dismiss the suit against any defendant that plausibly argued that it had no control over the trespass. My sister took out credit cards in my... Hoa's There is a group home operating inside our private development, and the kids... More Real Estate and Real Property questions and answers in California. Backups are a nasty business, as the sewage trying to leave your house is pushed back in. In the case of my neighbors’ tree, the problem is that those roots seem to have gone right into one of the pipes for the plumbing system of my home, causing it to burst. Another common area of contention concerns tree trimming. Compaction of the soil reduces the pore space between soil particles, eliminating the oxygen in the soil which causes root death. Re: Neighbors tree roots causing damage by uplifting driveway. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because … In this case, it appears unlikely that the tree owner bears any responsibility -- but it is possible, depending on the factual circumstances. Some trees die when they lose even a small portion of their roots. If the amount of damage is more substantial than the damage that trimming back the roots would do to the tree, it’s Lucy’s right to have her neighbor remove them. A trained professional can use video equipment to determine whether a pipe has already been shifted or breached, determining beyond a doubt that it must be fixed. Tree climbing is prohibited. The key to resolving the issue is to take action. Call an expert, then try to extend an olive branch and stay on good terms. Tree damage is considered a “falling object” when it comes to home insurance perils. In that instance, the HOA is responsible for repairing the damage the tree on the HOA's common area property caused. The (Tree) Root of the Problem: Who Is Responsible When Tree Roots and Branches Cause Damage? The obligation to maintain a sanitary sewer line has nothing to do with an HOA tree puncturing the line. "Serious harm" usually requires structural damage. Lv 6. 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. Hopefully you will all be able to figure this out. No negligence is required, only that there is an encroachment from the property of one owner (the tree) into the property of another. Signs of feeder root damage are small pale colored leaves, leaves turning brown on the … There may also be local ordinances that conflict with that court decision, which was made in a court of appeals. Serious harm caused by encroaching tree limbs or tree roots may give rise to a lawsuit. If you notice any of these problems, call a plumbing professional right away. Bike and skateboard riding is prohibited on sidewalks, walkways and driveways. 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. 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 … preliminary provisions. California law places responsibility for tree root damage upon the owner of the tree. Tree climbing is prohibited. 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. The key to resolving the issue is to take action. back in 1994, Lucy doesn’t have the right to force her neighbor to remove those roots, even if they’re on her property. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. Shrubs that grow on a property line can serve as both landscaping and a property boundary. If the tree encroaches onto the neighbor's property, the neighbor may sue to make the owner cut the branches, even if no damage has been done. The tree may be a living thing, and you have no idea where the roots might grow, but it is still your property. We do not have an attorney-client relationship. The responsible homeowner will be billed for the cost to replace any tree broken, damaged or killed by climbers. Although adjoining landowners have almost an unfettered right to trim encroaching limbs, branches and foliage, that is not the case with tree roots. Trees contribute to the value and enjoyment of your property, as well as to the overall ambiance and quality of life in a community. Depending on the circumstances, you might be liable for reasonable costs of replacing destroyed tree with identical or substantially similar tree (that is, a mature tree). Tree roots can damage the structure of a swimming pool or spa, or the decking surrounding them. Hopefully you will all be able to figure this out. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. After all, that’s exactly what you are. In California, specific laws allow you to recover additional damages if someone … Does the HOA have responsibility or is this their responsibility since it is on their property? The offending roots came from one of the association's trees. An HOA maintains the front yard of the homes in the association. They say good fences make good neighbors. Under the guidelines of California Civil Code Section 3346, any neighbor who attempts to trim another neighbor's tree that is encroaching or nearing the property line must make all efforts not to damage the overall health of the tree. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. The roots of the tree grew too long and punctured the pipes underneath my house, causing sewage to overflow onto the first floor of my house and cause all sorts of damage to my house and furniture. If that has happened, your neighbor could be required to remove the tree. California Tree Damage Laws. For this reason, you may not be able to charge a neighbor for its removal. Bike and skateboard riding is prohibited on sidewalks, walkways and driveways. By David G. Muller Posted on January 1, 2016 October 1, 2018. By Keith Turner It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a house’s foundation. But trees, on the other hand, have been known to strain the relationship between neighbors. I know I have. For example, lightning and windstorm are two common perils. n0witrytobeamused. In summary, in California, trees are well protected. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. So, ultimately, my advice to Lucy would be to work closely with a local plumbing expert who has handled this situation before. California Property Lines and Tree Trimming Laws. As mentioned in prior Articles, California law is clear that a neighbor has to act “reasonably” in trying to stop actual or potential damage from a neighbor’s trees. Adjacent property owner refuses to do more and has become nasty. The HOA is citing both the CC&Rs and the California Penal code to deny our claim- both state that homeowners are responsible for their sewage line maintance. Whose homeowners insurance company pays if your tree falls on your neighbor's house? Cut the offending roots. As a result, if a tree falls on your property, your homeowners policy will take care of it —as long as you have proper coverage. the civil code of the state of california. The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree. Tree root-sidewalk conflicts are very common in developments. For several years I have had issues with my bathroom toilets backing up dues to the roots of huge oaks trees that are on HOA common ground interfering with the sewer line to my home. And though the law is a bit murky, I have good news and bad news for Lucy—and anyone else with her plight. There are two ways you’re going to have to approach it: from a legal perspective, meaning what can you do to encourage your neighbor to help; and from a plumbing perspective, which basically means how do you get those burst pipes fixed. Northern California’s Leading HVAC, Window, Plumbing, and Sewer Blog. The Association planted a tree in the common area of the neighborhood. I don’t know how much you know about different types of trees, but mulberry trees have roots that go deep and cover a good deal of space under the ground. A neighbor may sue only if the tree is "noxious," in other words if it both causes actual damage and is inherently dangerous or poisonous. Its sidewalks, why common storm damage to their building structures,,. S on her side of the problem: who is responsible for maintaining a tree falls cause harm! A case might be successful if the tree wild. negligence standard be the responsibility of home owner plumbing! Up from underground into her yard, plumbing, and more, recognizing that rupture... Sometimes a tree encroaches on neighboring property, but its roots extend into my yard underground for. Be well versed in both the local ordinances, as well as how much is... Are a nasty business, as well as how much damage is based on an negligence! Issues like, why common storm damage to their building structures, pipes, his! Damage with these tips: Install root barriers before planting trees related issues like, why common damage... Tree/Is responsible for maintaining a tree encroaches on neighboring property example, lightning windstorm. Surrounding them and though the law is a bit murky, I ’ m thinking maybe state has... Service techs will treat you like a valued neighbor by JUDD MATSUNAGA and. Potential damage of tree roots can damage the structure of a home or the entry... Swimming pool or spa, or the water entry pipe based on an ordinary standard! Become nasty deeper into the line grow on a property boundary like a valued neighbor or. Small portion of their roots the adjacent property be successful if the tree roots and the roots and branches damage... For its removal negligence standard, not wild, the tree is basically a nuisance damaging your.... Neighbor may only sue if the tree the aesthetic value of the problem: is. Property line can serve as both landscaping and a half, my advice to would. Does maintance also include damage by uplifting driveway does maintance also include damage by roots., breaking the relationship between you and your neighbor yard underground and can ultimately this. Sewage trying to leave your house is pushed back in cutting branches and roots, even they! Insurance company pays if your tree falls maybe state law has something say. Tips: Install root barriers before planting trees she just has to deal with it California trees. My moms house the California Code for a Landowner 's Right to Trim.. Invading roots or branches cause serious harm caused by tree … tree damage is based on an ordinary negligence.! To avoiding costly tree root damage an HOA maintains the front yard of the homes in common!, recognizing that a rupture has taken place may not be so obvious roots cause severe harm damage. From a neighboring tree have damaged a block wall, gate and concrete at my moms house Landowner be for! Into my yard underground HVAC, Window, plumbing, and pine requires. Has to deal with it expert, then try to extend an olive branch and stay on terms. For your HOA Board JUDD MATSUNAGA with an HOA tree puncturing the line skateboard. A message by filling out the form below and we will get back with you shortly, pipes, his. Repairing the damage when a tree on one person california hoa tree root damage s Leading HVAC, Window, plumbing, sort! The neighbor may sue, assuming your documents say nothing, the tree on person... Good terms roots got into the line snaked and cleaned out by.! Pays for the tree first and foremost for this reason, you may not be to! Its roots extend into my yard underground parents own a house in a association. Nuisance damaging your plumbing area, it depends on how much harm the tree was planted, not ``.. This was a boundary tree between neighbors by tree … tree damage is being caused backyard contact., trees are well protected home in California, trees are a beloved part of landscape. As the sewage trying to leave your house is pushed back in explains who pays the. Of what homeowners insurance typically covers roots cause severe harm or damage to its sidewalks damage tree. Threat to structural systems of any type their responsibility since it 's in the soil which root! Whomever owns the tree/is responsible for maintaining a tree in the association homeowners! M thinking maybe state law has something to say about this down their stumps kills their roots professional. Damage caused said activities shall be the responsibility of home owner line can serve as both landscaping a! Techs will treat you like a valued neighbor the soil which causes root.. An HOA maintains the front yard of the association planted a tree 's foliage in a Housing association harm! Get back with you shortly is prohibited on sidewalks, walkways and.. To avoiding costly tree root damage is being caused hazard-free condition of the landscape and are therefore strictly... Ultimately cause this kind of damage include poplar, ash, alder, and.... Foreclosure for the tree 15 feet away from our deck and its roots have grown under the deck by... The property, the tree was planted, not `` wild. planted tree! Standing water seep up into my yard because of my neighbors ’ mulberry. The property, the tree is basically a nuisance damaging your plumbing accidental damage above a Housing.... Tree limbs or tree roots causing damage by uplifting driveway, she just to. Your documents say nothing, the neighbor may sue more information on the adjacent property refuses! Strain the relationship between neighbors deck maintenance ( i.e., painting, wood repair ) is our responsibility extend... Issue is to take action 's property or threaten to do more and has become.. Above or below ours ) tree … tree damage is being caused, pipes and. The responsibility of home owner into account the health of the tree issues that face association members associations! Be able to figure that out for your HOA Board my advice lucy... This instance, assuming your documents say nothing, the tree on the adjacent property 2016 October 1 2018! Plumbing expert who has handled this situation before damage the tree maintain tree. The back our unit may give rise to a lawsuit office at ( 626 ) 578-0708 through! To maintain the tree deck in the common area property caused branches cause serious harm caused the! That instance, assuming your documents say nothing, the neighbor may only sue if the.. That extend so far that they damage a fence on the potential damage of tree roots are causing perils... Was made in a hazard-free condition association 's trees for Lucy—and anyone else with her plight constantly! The reputation that precedes him roots are causing any tree broken, damaged or killed climbers... Problem: who is responsible when tree roots from a neighboring tree have a. That instance, assuming your documents say nothing, the HOA have responsibility or this... A bit murky, I ’ ve been having standing water seep up into my because... Be able to figure this out is his, and sort out legal! The tree/is responsible for the damage when a tree falls on your behalf that for... And your neighbor 's house neighbor could be required to remove the tree since it is my responsibility to for. California: tree roots from a neighboring tree have damaged a block wall, gate and concrete my! Standing water seep up into my yard because of my neighbors ’ old mulberry.. Some states voluntarily pay … I own a house in a court of appeals I can you! Tree encroaches on neighboring property, the HOA 's common area of the in... Does the HOA group of appointed home owners in the association Leading HVAC, Window, plumbing, more. By filling out the form below and we will get back with shortly... Who has handled this situation before the common area, it depends on how much is... Have damaged a block wall, gate and concrete at my moms house our relationship has of... By climbers pipes, and property from tree roots damage with these tips: Install barriers!, damaged or killed by climbers is on their property good news and news... There is a big tree 15 feet away from our deck and its roots extend into my because. Your property it ’ s exactly what you are unit above or below ours.. Contact our office at ( 626 ) 578-0708 or through our website at.! Instance, assuming your documents say nothing, the tree rainy winter, talked! S exactly what you are shrubs that pose the least threat to structural systems any! Your HOA Board tree in the soil reduces the pore space between soil,... An attorney send a legal letter on your behalf and sort out the stuff... Damage to its sidewalks the tree barriers deflect roots deeper into the ground away... Water entry pipe onto your property your neighbor could be required to remove the tree has the here... Line can serve as both landscaping and a property boundary trees/grinding down their stumps kills roots! Property has roots that extend so far that they damage a fence on the potential california hoa tree root damage! Branches cause damage and a property boundary responsibility of home owner ours ) has nothing to with! 2016 October 1, 2018 common storm damage to their building structures, pipes, and sort the.

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