Legal Question in Real Estate Law in California

I had to cut out extensively my neighbor's shrub roots and redwood tree roots from my 4X8 raised planter bed to prepare it for new potting soil. The planter is 3 feet from his/our property fence line. The shrub is against the fence on his side and the redwood tree is 8 to 10 feet away in my neighbor's property. The shrub is doing poorly and the redwood tree (over 20 years old and about 60 feet tall), has brown foilage going up it that coinsides with the roots that were in my yard that I had to remove. My question is am I legally responsible for the decline of my neighbors plants?


Asked on 6/24/10, 5:24 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

It is very likely that you have damaged the neighbors plants, and that you could potentially be liable for that damage. Under California Civil Code �833, a tree that stands on one homeowner's property belongs exclusively to him, even though the roots grow onto your property. Civil Code �3346 and CCP �733 provide for payment of treble damages for wrongfully injuring trees belonging to another homeowner. The measure of damages is the cost to restore your neighbors property to its original condition. The shrubs are probably not a big deal in terms of cost, but a 20 year old 60 foot tall Redwood is going to be a very expensive tree to replace. Your obligation was to have acted reasonably and in a manner that is not detrimental to your neighbor's property. The better course of action would have been to work with the neighbor and a qualified arborist to determine how to allow you to use your raised planter while at the same time protecting the trees and shrubs.

I would suggest that you contact a local real estate attorney in your area to discuss this further. Going to your neighbor and confessing this to see if there is a way to save the tree is one possible course of action, but of course that is admitting guilt, and you may not want to do that in light of the potential for significant liability. Consult an attorney now, and be prepared to put your homeowner's insurance carrier on notice of a possible claim if that tree dies.

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Answered on 6/25/10, 7:26 am


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