Legal Question in Real Estate Law in California

Our back yard neighbor came to us with a request to please take a couple of big tree that are on our property down because he is having issues with roots on his sewer lines, he has called the plumes and they had found roots inside the pipes. The neighbor is asking us to cooperate by cutting the trees down. If we so, how can I make sure this will solve the problem and we are not liable for their pipes? We purchased our home two years ago, it was owned by a bank and the trees were already there. Please advice.

Thanks.


Asked on 9/10/12, 3:07 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

When you bought the house, you bought the problems trees on the property were causing or were about to cause. When tree roots or limbs cross over a property line, it is at least a technical trespass, and the property owner (on whose land the tree trunks stand) is liable as the trespasser.

However, the courts have some up with some special rules for "trespass by tree root" which are a little more relaxed than are the rules for trespasses where a person, the trespasser, actually goes out and invades someone else's land in person.

I suggest that you negotiate with your neighbor for a peaceful, out-of-court resolution, keeping in mind that the law would probably be on his side.

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Answered on 9/10/12, 8:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I should add that perhaps you and the neighbor should engage a professional arborist to look at the situation and give advice as to what might protect the pipes, etc. without requiring wholesale loss of valuable landscape trees.

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Answered on 9/10/12, 8:12 pm


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