Legal Question in Real Estate Law in California
Property damage by neighbor
My neighbor, who passed away years ago, has a tree near our property line. The roots are growing under my garage and causing the concrete to lift up and crack. Anyway, the title on the house is still in the deceased owner's name.
How do I go start the legal process to get it fixed? And the fact that I cannot contact the owner personally?
3 Answers from Attorneys
Re: Property damage by neighbor
You can sue, even if the name has not changed.
You might want to knock on the door and see what inforamtion you can get, including the homeowner's insurance name. You may also want to consider asking the City to investigate.
Joel Selik Attorney/Broker
800-894-2889
www.sandiegorealestateattorney.com
Re: Property damage by neighbor
It would seem possible to dig a trench and sever the roots if all else fails. However, that will weaken the tree. And it may fall away from your property damaging the other property. Someone has been paying the taxes, renting the residence, doing maintenance and upkeep, etc. They can be located. I'd start with your county Code Enforcement Office, and see what kind of help they can give you. They'll let you know if the county can do anything. You'll be surprised at how much the county can get into if they are pushed. You've also got your own homeowners insurance to check on, and see if they will pay to have the root problem resolved. Since the problem starts on the other property.
Re: Property damage by neighbor
Dead people don't own property. Upon your neighbor's death, the property passed to his heir or heirs by will, the rules of intestate succession, or under the terms of a trust.
The tree problem needs to be handled with the new owner. Generally, tree root invasions are a trespass and are the responsibility of the tree owner.
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