Legal Question in Real Estate Law in California
Damage from Neighbor's Trees
The neighboring business (an animal hospital) has trees whose roots have knocked down portions of the block wall surrounding my business. In time the entire wall will be damaged or gone and nothing short of removing the trees will stop the damage. I have spoken to 3 people at the location over the past year who have expressed willingness to repair the damage subject to discussions with the owner. To this point, nothing has been done. I know I can trim the roots on my property but this will not stop the problem. What is my best and most expedient course of action?
4 Answers from Attorneys
Re: Damage from Neighbor's Trees
Well, first I would communicate directly with the owner rather than his tenants or others who may have some loose connection with the owner or the property. The trees constitute both a trespass and a private nuisance.
If negotiations fail, the ultimate remedy is a suit for damages. You also have the right to cut the roots, but you must do so non-negligently, and in this case you probably could recover the cost thereof in a lawsuit.
Re: Damage from Neighbor's Trees
I would think the most expedient course of action would be to have an attorney write a "demand letter" to the owner requesting that he remove the offending roots.
Feel free to contact me if I can be of further assistance.
Re: Damage from Neighbor's Trees
An Attorney should send a letter to the owner, not the tenant, demanding that the damage stop.
Should a demand letter have no results file suit in Small Claims Court against the owner if the damage is less than $5,000. Thank You.
Re: Damage from Neighbor's Trees
the first thing to do is make sure you have a
proper survey of the property and have it
recorded. There are issues of trespass, nuisance,
encroachment, etc., and you will definitely have
to sue the owner of the adjoining land, who may
have insurance which will cover it. You definitely
need an attorney to handle this. I personally
had the same problem and was successfull, althou
I wished I had sued sooner. I did the nice things
by writing letters to the owners, etc., which met
with no response. Knowing what I do now, only
one demand letter should be made, then suit followed
shortly thereafter. Good luck.