Legal Question in Real Estate Law in California

Re: Tree root damage to wall and encrachment/debris

California Civil Code section 833 says trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.

Civil Code section 834 says trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

The non-owning neighbor has a right to cut invading roots or overhanging limbs, but only to the property line. The non-owning neighbor may also bring a lawsuit to abate a nuisance with respect to the invading roots. The owner of the trees will be held to have a duty to maintain them properly so that they do not cause harm to the neighbor.

This is a concise summary of the applicable law. If this matter goes to litigation, you can expect that the judge, jury, arbitrator and/or mediator involved will try to find a practical solution -- within the law as stated above, of course -- that recognizes the relative harm from removal or non-removal of the trees. In other words, it is unlikely you will be required to remove $100,000 of property-value enhancement to save your neighbor $5,000 in wall damage. On the other hand, you may be ordered to pay the $5,000 and possibly his legal fees and costs of litigation.

As always, if you are served with a lawsuit get legal representation at once.

Re: Tree root damage to wall and encrachment/debris

You say the trees are on both properties, but which property do they belong to? If they belong to you, your neighbor is within his rights to demand that you remove them so that they not encroach on his property. Your property rights end at your property boundary and you do not have a right to use any part of your neighbor's property (above or below ground) without his permission (preferably in written form, such as an easement), regardless of whether you are causing him damage.

If your neighbor has an attorney and has filed (or plans to file) a lawsuit, it is in your interest to consult with an attorney who can look at all the facts and give you a recommendation specific to your situation.