A city clerk can help you locate the correct office. There is also a gas line which is connected to the pool pump. Sincerely, GK, Re: Neighbors tree roots causing damage by uplifting driveway. Roots can be very destructive, unsightly, and hazardous. First, you will need to determine whether the tree is on city property. If you are looking for a court to order a tree owner to trim back a tree, you will likely have to go the route of trial court, which will likely involve the use of an attorney. Also letting us know that we will be responsible for any damage to her trees if we cut the roots. Attorney Whipple is quite correct. 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. You may call me for a consultation at 818-739-1544 ext. Removing the tree roots up to the boundary line is a reasonable course of action. What rights or recourse do I have or do I have any? California Tree Law for Neighbors According to California law, if a tree's trunk rests solely on the property of a landowner, that person owns the tree, but if the trunk stands between two neighboring properties, then both landowners own the tree and are equally responsible for its maintenance. The owner may want to share the costs or pay for the cost should pruning be more extensive. Gus: I have a neighbor and he has five huge oak trees in his front yard, and I live next door. 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 … 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. Visit your local city hall and review the city map to locate where the tree sits. The CC&Rs may dictate specifications and rules regarding trees within the community. First, it’s usually best to discuss the potential issue with your neighbor. She is being uncooperative. Last week my neighbor discovered damage to her sewer line. My neighbor's tree-roots are destroying my driveway. Keep the tone respectful and emphasize your plan to keep the tree safe and healthy, while notifying the owner how the tree’s branches or roots have impacted your property. In California although you may trim back branches which invade your airspace, you cannot legally cut down or harm your neighbor’s trees without beforehand obtaining a court order, or you may be liable for double or treble damages to your neighbor [Civ.C 733]. My communications are being ignored. Crossing property lines to trim or cut down a tree is not something you or your arborist can do. 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. The attorneys at Equity Legal are well versed in legal issues surrounding encroaching trees and are here to guide you through any unique needs you may have. Address: 600 W Broadway Suite 700, San Diego, CA 92101Call Us: 619-663-4533 Mon – Fri: 8:00 AM – 5:00 PM. Property deeds will reflect the CC&Rs. You cannot injure the tree when trimming. In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. My neighbors tree is cracking my foundation. 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. My neighbors tree is cracking my foundation. If the tree belongs to your neighbor, you should still proceed with caution. As such, you cannot charge a neighbor for the removal of the tree roots that are causing property damage. For a minor nuisance or inconvenience, the law will expect the neighbor to trim bothersome branches. 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. If that has happened, your neighbor could be required to remove the tree. The recent case of Khan & Harrow Council & Another [2013] (Ramsey J handed down his judgment on 3 September 2013), which concerned damage caused to a property by tree roots, considered when a person will be liable for damage caused by roots from trees on their land. For this reason, you may not be able to charge a neighbor for its removal. 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. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. Should the trimming be extensive, your neighbor may want to utilize a tree service and may pay for the cost entirely. 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 begun to … I have pavers in my driveway, and his roots are coming over there, destroying my pavers. It is his, and his complaint seems suspiciously reinforced by the reputation that precedes him. Speak with an experienced attorney at 70% off for 30 minutes. Basically telling us to fix it and not taking any responsibility for her damage to our property. My tree root is interfering with my neighbor's storm drain pipe. 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. Which form when adding spouse to Grant Deed I own my home as ''sole and separate... More Real Estate and Real Property questions and answers in California. More on Homeowners Insurance 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. Find out what to do if you have a California Tree issue. At that time, the roots of the tree were pushing Johnson's patio stones upward, and the girth of the tree was causing the fence between the properties to bow inward toward his property. Do you have a complicated tree law situation? Normally, the tree owner would be responsible to rectify the issue, but in this case, the storm drain pipe is on *my* property. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Please contact us today for any legal related matter. The owner of that tree, in … Many people do not realize that merely notifying the city, utility company, or homeowners’ association of invading branches or roots will resolve the issue. That way, you don't run the risk of it falling and wrecking your property, or worse yet, hurting someone. Tree encroachment onto neighboring property. The tree belongs to the person being sued. This website is attorney advertising: prior results do not guarantee a similar outcome. 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. It cost me about 700 bucks every time they come and redo the pavers. 4th 1786 (1994), the plaintiff claimed his neighbor negligently cut the roots of his tree which in turn necessitated the tree's removal. The neighbor owns the tree. 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. Do not assume that you are entitled to any compensation as a result of the complaints you have. Are you breaking the law by breaking the branches? Mr and Mrs Khan owned a property in Stanmore, Middlesex. Additionally, it is prudent to consult a tree trimming service before trimming a tree back. Trees can often cause damage to surrounding homes. Neighbor's Trees. Property owner’s are often upset when a neighbor’s trees drop leaves, or fruit, or branches, or even limbs onto their property. 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 not just money damages for past harm, but also some kind of abatement order or injunction to protect you against failure to prevent future 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. From a purely legal perspective, a tree is considered the personal property of the homeowner whose land it is on. They discovered tree roots as the culprit. 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. You have notified the tree owner in writing. 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: 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. You must take into account the health of the tree … Typically, the property owner who decides to trim the branches or roots will bear the responsibility of payment. The first step to take should a tree owner refuse to your suggestion of trimming or maintenance of the tree, is to write a letter setting out your intentions. 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. 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. 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 As a neighbor and fellow property owner, it is also wise to notify the tree owner before you begin trimming the tree. In that case, a tall pine tree’s roots were extending into a neighbor’s yard and allegedly causing harm to the neighbor’s property. Cal 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. Finally, if the cause of the damage to your property is the fault of a neighbor, for example, if a neighbors tree fell on your property or home, your insurance company may make you pay the deductible at first but may try and get the deductible back from your neighbor to reimburse you. 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