Legal Question in Real Estate Law in California
Neighbor trees encroaching on my property
Our neighbors behind us have a LARGE ficus (sp?) tree which is out of control. The roots are damaging our brickwork & sprinkler system. The tree is ~40' tall - and hangs way over our property line. The neighbors don't care. What recourse do we have to get them to pay for the trimming since they planted the tree right against the fence. We've had the tree trimmed twice. The first time we split the cost, the second time we paid. Thanks for any advice you can give us!
2 Answers from Attorneys
Re: Neighbor trees encroaching on my property
One of the characteristics of ficus trees is that their roots expand hellaciously if you don't water them enough ("drought expansion"). I would sue.
Re: Neighbor trees encroaching on my property
As Mr. Stone has indicated, you do have a case.
You may wish to retain an attorney, especially for the purpose of writing a strong demand letter to the neighbors.
If that falls short, a law suit is recommended.
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