Legal Question in Real Estate Law in California

tree roots in my neighbors sewer line

My neighbor and myself share a sewer line that runs on private property. I am the closest to the city sewer line which our line connects to. Roots from my tree are in the sewer line and causing my neighbor to have back-up problems. I enter the shared part of the line after the root affected area, so this does not cause any problems for me. am I soley responsible for replacing the root affected area.


Asked on 7/06/01, 2:57 am

1 Answer from Attorneys

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

Re: tree roots in my neighbors sewer line

Your neighbor will at least have a strong argument that you are solely responsible if the invading roots come from trees on your property. Whether there is some other contributory cause or someone else to share liability cannot be determined from the facts given. Your liability is "rooted" in concepts of trespass.

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Answered on 7/06/01, 2:42 pm


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