Legal Question in Real Estate Law in California

Re: Neighbor's Tree Branch Falls on House Causes $ 1,200 Damage

Property owners are more often than not liable to neighbors for damage done by limbs falling from their trees. Liability is based on negligence in failing to keep the tree properly cared for by pruning, etc. Alternatively , if the limb were already overhanging the property line before it broke off, one might sue and win on a trespass theory.

Liability is most likely in an urban setting where the tree is part of landscaping or has been planted. In a forest setting, where the trees grow where and as nature commands, negligence and hence liability is less likely to be found.

I'd recommend negotiating first, and if this fails try small claims. You need to argue that the neighbor was negligent and that the accident was forseeable. If his tree maintenance was impeccable and this was only an unforseeable act of God, you may not prevail.

Re: Neighbor's Tree Branch Falls on House Causes $ 1,200 Damage

Before you go from suing your neighbor which does not make for friendly attitude I would speak with him/her first. This is probably covered by their homeowners insurance and I would request the name of his insurance carrier and or broker and phone number. This way you can make a claim. If he does not either agree with you or for issue the name then I would write him a letter and send it certified return receipt requested explaining the situation in requesting the name and phone number of his insurance carrier so that you may make a claim. If he does not comply place in the letter a statement that if he does not comply within 15 days of the date of this letter because he has not complied with your oral request you will have no alternative but to file an action against him in small claims. This would be timely and costly to both of you and this can be handled very easily between yourself and his insurance carrier adjuster. Place this in a friendly letter to him if all else fails. And if he does not respond then to him.