Legal Question in Real Estate Law in California

Re: Broken retaining wall and tree falling question

I prefer Mr. Guerrini's approach. There are legal tools available to curb imminent danger and/or to obtain monetary damages for invasive roots (trespass and private nuisance), but they are expensive and maybe not timely. I am inclined to think the best course at this point is to engage a registered arborist to study the situation and give you a base-line report and recommendations from a botanical standpoint, and consider these before launching into litigation.

I don't do negligence law, but my guess is that if you give the neighbor credible warning including the arborist report beforehand, if an accident occurs your case will be bolstered by the fact that the neighbor undeniably had advance knowledge of the danger, which he then ignored.

Re: Broken retaining wall and tree falling question

Lots of issues in your question. As a general rule, you cannot harm your neighbor's tree, but you can remove roots to the extent they cause damage or present clear threat. In this situation, based upon the facts you present, you can likely only have the tree removed by (1) filing suit, and (2) convincing the court that it truly presents imminent danger. This requires expert testimony. You will undoubtedly need to offer the opinion of a qualified arborist, at a minimum. Your neighbor will likely resist. These types of cases can quickly become expensive. Perhaps you can consider mediation with the neighbor. Filing suit will certainly get your neighbor's attention; though ultimately, the judge will likely order you both to mediation.

Depending upon your zip code, the case will be heard either downtown, Santa Monica, or Beverly Hills. There are positives/negatives to both.

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Re: Broken retaining wall and tree falling question

Interesting if you've never dealt with this before, there is an entire body of law in California devoted to tree ownership, liability and other issues. Generally, the parts of the tree on your side of the property are subject to your control (e.g. overhanging limbs, encroaching roots, etc.). As a first step, it may help to make your neighbor aware of the laws that apply and suggest an approach. For instance, we work with people who move enormous trees! There are creative solutions to most problems. A first, simple step would be for a lawyer to provide clear notice to your neighbor of the law and your safety concerns.

Re: Broken retaining wall and tree falling question

I have had the opportunity to read the answers from both Mr. Guerrini, and Ms. Cowin, and completely agree with both.

In situations such as this, unfortunately, the law does not act quickly, and seldom acts to prevent impending trouble. In a nutshell, one has to wait until after damage has been done to receive much in the way of remedies.

You already have excellent suggestions from both Mr. Guerrini and Ms. Cowin.