Legal Question in Real Estate Law in California
The City of Pleasanton has trees along the sidewalk that are maintained by the city and cannot be touched in any way by the property owner. A Texas Spruce has roots that have damaged the sewer line under the driveway and bits of wood fibers are entering the cold water line an plugging up the kitchen water fixture. I have had to replace the fixture 3 times because eventually it becomes so plugged up it cannot be cleaned out; also the toilet pipe was plugged up. I called a plumber and he did an ultrasound and said the problem is the city's tree that damaged the sewer line under the driveway and it needs to be repaired by the city. I have a copy of the ultrasound scan. The city came to investigate, I showed them the pieces of wood fiber that are in the cold water line and discussed the plumber's report but the city said they are not responsible for the repair. Is the homeowner or city liable for the repairs to the sewer line under the driveway vs. the street? I was thinking I could hire a lawyer to write a stern legal opinion letter to the city and perhaps reach a compromise, please tell me what you think? Thank you!
1 Answer from Attorneys
The City does have some liability here. I think a stern legal opinion letter is a good start.
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