Legal Question in Real Estate Law in California

Re: Neighbors tree roots causing damage by uplifting driveway

This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least).

Among the remedies are cutting the roots at the property line; there is a caveat that this must be done in a "non-negligent manner," which the court didn't further define, but probably would include avoiding killing the trees or causing them to be in danger of toppling in a high wind.

The best practical advice is to hire both a contractor to give you a dollar estimate for the damage done to date, and a licensed arborist to give you a written opinion that the trees caused the damage along with professional advice on what can be done "non-negligently" to prevent future damage.

Show all this to the neighbor, and ask for cooperation again, mentioning that you will have to sue if he/she doesn't correct the situation voluntarily.

If you have to sue, ask your lawyer to consider causes of action on both trespass and private nuisance theories, and to ask for all appropriate remedies and relief, i.e. not just money damages for past harm, but also some kind of abatement order or injunction to protect you against failure to prevent future damage.

Re: Neighbors tree roots causing damage by uplifting driveway

Attorney Whipple is quite correct. Our office has handled similar cases in the past and the owner of the tree is liable for the damage caused by its roots or other out-growths.

Please feel free to contact our office at (626) 578-0708 or through our website at www.No-Probate.com. You can ask for me, Scott, but the attorney with the expertise in this area is Anthony Grossman.

Regards,

Scott

Re: Neighbors tree roots causing damage by uplifting driveway

I agree with everything that has been posted. I wanted to add that under the trespass theory of liability, your neighbors could be liable for punitive damages. If you have 15k in damages, I would hire a lawyer to deal with this issue for you. You may call me for a consultation at 818-739-1544 ext. 15

Norm

Re: Neighbors tree roots causing damage by uplifting driveway

i might as well jump on the band wagon -- a little extra -- brian's advice i have given #s of times over the past 30 years, but not only punitive damages but possibly attorney fees could be part of your judgment -- most of these can be dealt with without litigation and through their insurance companies but don't be afraid to go to court -- if you wish to contact me in the bay area i am at 510-465-6000