Legal Question in Real Estate Law in California
We have a large tree in front of our home near the city curb (we know that we are responsible for the tree's maintenance). Last year we paid for the sidewalk repairs in front of our house where the tree roots had uplifted the walkway. This year, our next door neighbors were sited by the city that the sidewalk in front of their house was a hazard and that they needed to repair their sidewalk as well. The repair work has started and now our neighbors have come to us asking us to pay for half their bill. Are we liable for any sidewalk damage in front of their home that may have been caused by the tree roots? By the way, we also noted that the workers they hired did not follow the city's requirements for pruning the roots (a larger than 4" diameter root was hacked out without prior approval from the city arborist, as is required). We now have concerns that the tree could have been hurt by these actions.
1 Answer from Attorneys
If the trunk of the tree is entirely on your property, it is your tree and you are also responsible for its roots.