Legal Question in Real Estate Law in California

Who Pays Property Damage from Neighbor's Tree Roots?

I live in Los Gatos, CA and my next door neighbor has two big magnolia trees planted right along the fence line (on his side). The trees� root systems have done SERIOUS property damage to the masonry fence between our lots ($700 damage to my side alone), my cement walkway ($2000), and tree experts say that the roots are threatening my foundation and may already have caused damage (although we�d have to dig down to be sure). My question is: who is responsible for paying for the damage?

Note: I�ve spoken to my neighbor and asked if he'd help pay. He said that he�d pay 50% for repairing the fence (even though it is his tree that did the damage) but says he is not financially responsible for cutting back the roots on my side or any other damage.

I need some direction on where to look for some support. I�d really appreciate it.

Thanks


Asked on 7/27/02, 2:45 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Who Pays Property Damage from Neighbor's Tree Roots?

If cutting the roots at the property line might cause serious injury or death to the trees, you should not cut them without the neighbor's full cooperation. On the other hand, the tree-owning neightbor is responsible (legally) for 100% of the damage done to your property, and his alternative is to take care of the trees in such a way that no damage occurs. If he fails to do so an action for damages is maintainable in the appropriate court, probably small claims (up to $5,000).

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Answered on 7/29/02, 1:12 pm


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