Legal Question in Real Estate Law in California
Limited liability for property damage due to root growth??
My neighbor wants financial compensation for listed damages (i.e., spa, pool, landscaping, reduced resale value, and affected enjoyment and quiet of his home) from root encroachemnt of a tree on my property. How much legal liability do I have for the ALL of the damages he/she is claiming? I had authorized cutting the roots and he/she took no action...does this help my case?
2 Answers from Attorneys
Re: Limited liability for property damage due to root growth??
Before you do anything or respond to her get yourself a real estate attorney. First of all the facts are unclear. When you told her she could cut your roots is a critical fact. The timing of that is quite important. As importantly your insurance should cover this so that they should take over. Lastly, your neighbor has to prove that the roots themselves did cause damage to all of the specific items she is claiming and specifically show that they damaged the items to the degree she states. You can handle that's, be realistic, be reasonable, be sensible. Get a real estate attorney. I have been practicing real estate law the San Francisco Bay Area for over 30 years and if you wish to consult with me you may reach me at 925 -- 945 -- 6000.
Re: Limited liability for property damage due to root growth??
You should retain counsel asap to assist. You may be responsible for whatever damages your tree caused your neighbor. At least call an attorney to set up initial consultation.
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