Legal Question in Real Estate Law in California

Construction might kill my tree
The property adjacent to my
yard is undergoing some
development - the owners
are in the process of tearing
down the existing house,
with plans to build a condo.
My concern, which I
addressed in a meeting with
the city planners who
approved the construction, is
that a 40 year old tree in my
yard may be damaged by the
heavy equipment used in the
construction. The tree is very
close to the property line,
and its roots and branches
extend beyond my property.
The tree, btw, is the reason I
bought this house, as it's a
lovely tree that I maintain
with regular care, and I'm
concerned if there is
damage to the roots or main
branches, it might become
sickly or die (which may not
be apparent immediately), or
even topple over at a later
date (it's over 40 feet high.)

MY questions are - in the
event, who would be liable
for any damages - the owner
or the contractor, trace any
resulting damage to the
owner or contractor, and how
do you put a value on an old
tree, not including any
damage it may cause if it
were to fall. Thank you.

Asked on 10/14/06, 11:53 am

2 Answers from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

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Re: Construction might kill my tree

Both could potentially be liable. The general rule is that a landowner adjoining a property with a tree may reasonably trim the tree branches if they interfere with the adjoining landowner, and may remove/trim roots if they are damaging the adjoining landowner's property. Undertaking construction would require the adjoining landowner to exercise a reasonable level of care so as not to harm your tree.

If the tree were harmed and/or killed, you would be entitled to seek damages from your neighbor and his contractor. The damages would likely be calculated as the replacement value of the tree. This would typically require the testmony of an expert; in this case, an arborist.

Good luck. If you need assistance, please feel free to call or email. We maintain a staff of real property litigators, all of whom are familiar with disputes common to adjoining landowners.

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Answered on 10/14/06, 11:59 am

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