Legal Question in Real Estate Law in California

City tree root encroachment.
The roots of a tree growing on the City parkway next door are encroaching on our property buckling the driveway and breaking the sewer pipe. Two licensed plumbers said that the roots are the cause of the problem. Do I have any legal recourse with the City for damages? Thanks in advance for any help.

Asked on 1/22/07, 6:42 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: City tree root encroachment.

Probably. Suing City Hall is not the same as suing your neighbor, however. Under a modern-day extension of the philosophy that "the king can do no wrong," there are roadblocks to suit against public agencies and governmental entities. The main ones are a requirement to file a notice of claim under the Tort Claims Act, and to exhaust administrative remedies, if there are any. This suggests presenting your demands to some city department first, probably Public Works, or Streets, maybe Parks. Maybe if you're lucky, some public official will assist you in presenting an out-of-court claim through the proper channels. If you can't find the channels, or you are turned down, then have a local lawyer assist you, which will probably mean starting with a Tort Claims Act notice to the City Attorney.

Answered on 1/22/07, 7:00 pm

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