Legal Question in Civil Litigation in California
I need legal advice regarding a tree in my neighbor's yard. It tree roots and subsequent trees are growing in my yard. I have had to destroy my lawn to dig them up weekly. The roots and trees are to the base of my home and I am afraid they my undermine my foundation. I spent a great deal of money to landscape my yard and it is been destroyed by the neighbor's tree. What recourse do I have to have them remove the tree and pay me for my damages?
1 Answer from Attorneys
Point out to your neighbor what is going on. Ask him to sink some metal sheets down into the ground to deflect the roots so that they do grow onto your lot [sounds more like bamboo than a tree], because to protect your house and yard you are going to have to dig down and cut the invading roots. The normal rule is that you can cut off any part of the tree that grows onto your property but not if doing so would kill that part on his property. You can ask for your past costs and then sue in Small Claims Court if no agreement can be reached [and you do not mind a neighbor who hates you].