My communications are being ignored. In addition, if your neighbor gives you a warning about a tree or portion of a tree that they feel is a hazard or files a complaint with the town about a tree on your property that they believe to be a hazard, if you do nothing to address this concern and any portion of the tree falls on the neighbor’s property, you may be liable for any damage caused. Large fig tree growing against the fence and roots are cracking my foundation. “Trees on property lines are a common complaint between neighbors, but not so much at the courthouse,” says Cleve Clinton, partner at Gray Reed, Attorneys and Counselors, based in Dallas and Houston. Do not assume that you are entitled to any compensation as a result of the complaints you have. 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. Claims for damage resulting from tree roots are brought in nuisance rather than trespass despite the fact that the tree roots will … Again, these laws can differ in each state, so be sure to look up the exact law in your area. My tree root is interfering with my neighbor's storm drain pipe. 15. The injured party may start a civil action or “abate the nuisance” themselves. Property owner’s are often upset when a neighbor’s trees drop leaves, or fruit, or branches, or even limbs onto their property. 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. The CC&Rs may dictate specifications and rules regarding trees within the community. Tree limbs and roots from a neighbor's tree can grow across your common property line. who is responsible for repairs to my property? You need permission to enter the tree owner’s property. Attorney Whipple is quite correct. If the tree is on city property, determine the department that is in charge of tree maintenance. Should you notice nearby utility use, contact the appropriate utility company to see if they may trim back any invading branches or roots. 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. You have notified the tree owner in writing. They discovered tree roots as the culprit. App. tree. 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. Gus: I have a neighbor and he has five huge oak trees in his front yard, and I live next door. >> We are open during COVID-19. The only nuisance we ever had from this tree was regarding its leaves. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive. 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 … Question: My backyard contains a big, beautiful shade tree. Tree limbs and roots from a neighbor's tree can grow across your common property line. Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Mediation can help keep costs down and avoid a lengthy lawsuit. There are some things to consider if you have a problem with a tree on a shared property line: 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 … 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. What rights or recourse do I have or do I have any? The roots have started to lift up some underground pvc water pipes and also have gone under the pool pump that sits on a small concrete slab nearby. Contact your homeowners’ association office to obtain a copy. Removing their trees/grinding down their stumps kills their roots. See the jurisdictions in which our lawyers are licensed, admitted, or otherwise authorized to practice. In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it. 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. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Do I Need Permission to Trim Back Overhanging Branches? When encroaching branches or roots cause severe harm or damage to neighboring property. The tree roots are part of your 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. Patel claimed the roots had started to damage concrete around his property. Neither you nor your arborist may go onto a neighbor’s property or destroy the tree. If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman. 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: 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. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. Tree encroachment onto neighboring property. Sometimes a tree on one person’s property has roots that extend so far that they damage a fence on the adjacent property. Even the best of neighbors may run into tension when faced with issues regarding trees. 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 Crossing property lines or removing part of the tree not on your property could result in a lawsuit. I have seen every insurance company cover “third-party” tree roots damages claims, which means that if roots from a neighbor’s tree damages your property, such as clogging your drain or cracking or lifting your sidewalk, the neighbor’s insurance company would pay and settle the claim. Here's the lowdown on what you must prove to recover for a damaged or destroyed tree, and how much money you can recover. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. First, it’s usually best to discuss the potential issue with your neighbor. This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). To remove the tree, both property owners must consent. 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. 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. Should the trimming be extensive, your neighbor may want to utilize a tree service and may pay for the cost entirely. You may need to send more than one letter should the owner continue to be uncooperative. 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. Generally, if a tree trunk sits on both you and your neighbor’s property, is owned by both of you, and you are both responsible for the tree. Ok, thank you for that additional information. If you do go onto a neighbor’s property or harm the tree, you could be liable for double or triple the value of the tree! Under California Civil Code Section 834, both neighbors legally own the tree if the trunk rests on the property … Also, the city may step in and order the owner to trim or remove the tree if the tree is in violation of a local ordinance, such as: If there is utility use around the tree, such as telephone or electric companies, they may trim a tree that may pose a threat to equipment like utility lines. Cities will routinely prune and cut back trees that are on city property or if they endanger city property. California: Tree roots from a neighboring tree have damaged a block wall, gate and concrete at my moms house. 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. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. In this case, you must prove the following: Should your property suffer harm as a result of an encroaching tree, you may be entitled to compensation for costs for repairs and or clean up. It is about 10 feet from the boundary with my neighbor’s lot. Not only will this help keep the situation amicably, but it may also lower your costs associated with trimming should the tree owner pay entirely or offer to split the cost of maintenance. There are limits, however, to how far you may trim back (see below). Last week my neighbor discovered damage to her sewer line. 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. 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 assist our clients with litigation, contractual, development, investment, and much more. When Neighbor’s Tree Looks Like it Could Fall Into Your Yard. Patel, 24 Cal. In the opposite case—a tree from your yard causes damage to the property next door—it’s up to your neighbor to put in a claim with his or her insurer. 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… For this reason, you may not be able to charge a neighbor for its removal. When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree." An appraiser can help you assess the difference in value. Branches and roots from plants on one property that encroach on a neighbor’s property are generally considered a legal nuisance. The neighbor claimed he had an "absolute right" to cut the tree roots any way he wanted (in this case 3 feet deep) because they were uprooting his driveway. My Neighbor's Trees Are Killing My Lawn. The tree belongs to the person being sued. If the invading roots or branches cause serious harm to the neighbor's property or threaten to do so, the neighbor may sue. A city clerk can help you locate the correct office. As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. 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. Mediation is a meeting with a neutral third party who can help resolve issues without bringing them to court. 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. If your neighbor or someone else cuts down, removes, or hurts a tree on your property without your permission, that person is required to compensate you (the tree owner) for your loss. We sent a certified letter letting the owner know about the problem. The owner may want to share the costs or pay for the cost should pruning be more extensive. If necessary, you can sue to enforce your rights. You may call me for a consultation at 818-739-1544 ext. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. If that has happened, your neighbor could be required to remove the tree. 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. Do you have a complicated tree law situation? As a neighbor and fellow property owner, it is also wise to notify the tree owner before you begin trimming the tree. Address: 600 W Broadway Suite 700, San Diego, CA 92101Call Us: 619-663-4533 Mon – Fri: 8:00 AM – 5:00 PM. California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily. What are my legal remedies? At Equity Legal LLP, our aim is to offer you unparalleled legal advice all under one roof. Should you be seeking compensation for costs involved in trimming the tree, this should be brought to small claims court. Speak with an experienced attorney at 70% off for 30 minutes. For example, in the 1994 case of Booska v.Patel, a California appellate court inserted a requirement into the trimming rule that a neighbor not act unreasonably or cause harm to the tree.In that case, a tree’s roots had grown to the point of buckling the neighboring sidewalk. You must take into account the health of the tree … 15, i might as well jump on the band wagon -- a little extra -- brian's advice i have given #s of times over the past 30 years, but not only punitive damages but possibly attorney fees could be part of your judgment -- most of these can be dealt with without litigation and through their insurance companies but don't be afraid to go to court -- if you wish to contact me in the bay area i am at 510-465-6000, The Law Offices of Norman Gregory Fernandez & Associates. That means you can’t cut it … Obviously, tree roots cause property damages. Cal That way, you don't run the risk of it falling and wrecking your property, or worse yet, hurting someone. In some states, certain conditions will allow a neighbor to sue: As noted above, the law regarding encroaching trees is a common-law rule; therefore, most states do not have clear ordinances or regulations for reference. If you are left with no recourse outside of bringing the issue to court, you may consider a nuisance lawsuit against the tree owner. Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. Covering the decrease in property value due to tree loss 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. 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. It cost me about 700 bucks every time they come and redo the pavers. 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