Legal Question in Real Estate Law in California

Boundry tree

New owner said he will sue over a oak boundry tree that was

removed in Nov 2001 on adjacent lot. He bought in April 2002.Tree was 3 1/2 ft from my house,caused a crack in the

foundation & leaning in toward my house There was some

large rotten limbs and after winter storm in Nov it seemed

to be even more of a hazzard. More than 3/4 of the tree

was on my property. Stump was removed & he came on my

property with out permission and dug out stump hole 3 times

and left it open. I am 69 & fell in the hole,went to

hospital, but I only notified him and did not sue. The

statue of limitation is up, so he just called and said he will now take action.


Asked on 7/30/03, 4:09 pm

3 Answers from Attorneys
Martin Snitow

Re: Boundry tree

I don't see how he has a claim if he bought after you removed the tree. The claim for the tree belongs to the prior owner and not the new one.

If he does sue you, you could use your personal injury claim defensively, as a set-off to his claim despite the running of the limitations period. That is, you can't recover money on your time-barred claim, but you can use it as a deduction from anything you may owe him.

Read more
Answered on 7/30/03, 10:43 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Boundry tree

OK, having read the other two answers so far, I'll go a step further and say (1) it's clear to me that this was a boundary tree and (2) since it was a boundary tree you were a co-owner and had the right to make decisions respecting the ncecessity for its removal. In my opinion the current neighbor lacks standing as Mr. Snitow said, and all owners have or had no case for the additional reason that your decision to remove the tree was within your right to make and carry out. If the tree were a hazard, you very well may have had, not only a right, but a duty to do as you did.

Read more
Answered on 7/31/03, 1:34 am
Dieter Zacher Law Offices of Dieter Zacher

Re: Boundry tree

It is unclear whose property the tree is on and what exactly your neighbor is claiming. Please clarify the claim and location of the tree before it was removed.

Read more
Answered on 7/30/03, 4:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California