Legal Question in Real Estate Law in California

I own a town home in Mission Viejo, california and the association planted a tree years ago by my home. The roots have ruined my plumbing and they refuse to pay for the damages. Is that legal?


Asked on 12/11/11, 7:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Ownership of trees generally follows ownership of the land upon which they grow. If you own the land this tree is growing on, you also probably own the tree and are responsible for the damage it does. An exception might exist if the association's rules forbid you to cut it down or trim the roots. Another unusual exception to the landowner's responsibility for tree damage can arise where the tree is a highway landscape tree under the California Streets and Highways Code. in which case the responsibility for the tree rests with the public agency operator of the road, not the landowner.

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Answered on 12/12/11, 8:12 am


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