Legal Question in Real Estate Law in California

Builder killed heritage oak trees - value?

We purchased our home 6 years ago and there are (were) 3 heritage oak trees between us and our neighbor, we *think* one on our property, 2 on theirs. There were large wild oaks, hundreds of years old providing excellent cover and privacy.

The trees died due to over-watering from a creek that runs between our houses. The neighbor filed suit and settled out of court because the builder did not properly plan for the increase in water after the subdivision was complete.

The suit was based on reduction in propery value due to the loss of the trees.

So we know the builder is at fault but the settlement is confidential. We have a few questions:

1) Can we also sue the builder for loss in property value to OUR property as well? (It is a major loss to us)

2) How would we assess the value the trees added to the property?

3) Part of the neighbor's settlement calls for the builder to remove the trees and replant water-loving trees. (albeit MUCH SMALLER ONES) Do we need to stall this action and how does this affect us since they are planning to plant on our property also, but we were left out of the settlement discussions?

Thanks!

2 Answers from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in California

Looking for something else?