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.
Answered on 11/17/12, 12:16 am
Anthony Roach
Law Office of Anthony A. Roach
No, you are, for negligence.
Answered on 11/19/12, 9:37 am