Legal Question in Real Estate Law in California

a neighbor has a tree that is growing on his property over a right of way for 4 residents. I brought a large moving truck home the other day and while attempting to enter the drive, a branch from that tree caused damage to the rental truck on the top edge and the roof. Is the tree owner liable for damages?


Asked on 11/16/12, 2:52 pm

2 Answers from Attorneys

Afraid not. Whether or not the branch was legally in the right of way or not, you ran into it. If someone abandons a car in the middle of the road where it can clearly be seen and you run into it, they are not liable. No difference.

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Answered on 11/17/12, 12:16 am
Anthony Roach Law Office of Anthony A. Roach

No, you are, for negligence.

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Answered on 11/19/12, 9:37 am


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