Legal Question in Real Estate Law in California
Neighbor's tree caused root damage to my driveway and garage. $12,000 damages. I sent demand letter to neighbor. Neighbor filed a claim with his own homeowners insurance. The neighbors insurance co denied the claim stating that "insured was not negligent in the root damage from his tree...... and since not negligent ....would not be legally responsible for the damages..." Is this the law in California? Even though not negligent or malicious intent, damage was caused to my property by his tree. Is he not responsible for the damages? Should I file a suit against the neighbor even though his insurance company states he was not negligent and I have no claim?
1 Answer from Attorneys
Tree root damage from a neighbor's tree does not, generally speaking, implicate negligence. Lawsuits for tree root damage are based on a theory of trespass, not negligence. Trespass is an intentional tort, and while the defendant may or may not have been negligent, he/she is liable for trespass if he/she allows his/her tree roots to go exploring beyond the property line. You have a claim, but it's for trespass, not negligence. You then need to decide whether to sue in small claims or regular court. Small claims is quicker and cheaper, but you'd have to limit your claim to the $10,000 jurisdictional limit in small claims ..... but you'd still probably come out as well financially in the overall. Get a self-help law book such as Nolo Press puts out and study up on the procedures, etc. before filing.
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