Legal Question in Real Estate Law in California

looking for answers on liability issue related to tree roots underground coming from one property and effecting a driveway of a neighboring property from underneath the ground and not being to ascertain if it is the tree roots because they cannot be seen doing damage but can be assumed to be culprit and after demolition of said driveway found to be the culprit of the damage of driveway that subsequentially was replaced. Neighbor is demanding payment of fees for having to replace the driveway because the tree roots on my property caused the damage. He has threatened small claims litigation.


Asked on 7/13/12, 11:21 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You are likely to be found liable. When a property owner has trees whose limbs or roots extend over the property line, this is considered a trespass and may also be a private nuisance. May be advisable to discuss settlement, out-of-court, on best terms he'll accept.

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Answered on 7/14/12, 2:55 pm


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