Legal Question in Real Estate Law in California

Re: encroachment of tree roots

Your neighbor has a legal responsibility to rectify the situation. You have the right to protect your property too, but if you negligently cut the tree roots or otherwise cut them improperly and the tree dies, or falls, you can be liable to your neighbor or someone injured.

You should demand your neighbor to have an arborist inspect the root invasion and remedy the problem. If your neighbor fails to respond, or refuses, you can take your neighbor to small claims court. Or, alternatively, if your neighbor is nonresponsive, you can hire your own arborist to assess and resolve the problem. This latter course of action, however, comes with potential liability, but at least by hiring a certified arborist, you can have added protection.

Re: encroachment of tree roots

The owner of the tree with encroaching roots is responsible for taking reasonable measures to assure no damage is caused by invading roots. You are not permitted to simply cut the invading roots � if you do and it damages or kills the tree, you may be held liable.

The onus is upon your neighbor. I would recommend that you advise him in writing of the condition of encroaching trees. If he fails to take reasonable steps to rectify situation, you may then proceed with filing trespass action, seeking injunctive relief (e.g. an order requiring removal of tree, or offending roots).

For assistance on this matter, please feel free to contact our office to arrange for a consultation.

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