Legal Question in Real Estate Law in California

Re: Property Damage From Tree Roots - Counter Laws?

it sounds like your neighbor is merely throwing out legal jargon randomly at you, from the facts given so far, in the hopes of dissuading you to filing a claim against him/her. however, your neighbor may not be liable to damages from his tree if it has been there all along and these damages to your concrete walkway and fence are deemed damages to your land in its improved state, rather than in its unimproved, natural state. however, i would need more facts to help you evaluate your case and likely probability of success in small claims court versus the defenses he speeled out at you. feel free to contact me for assistance and with additional facts. [email protected]

562-743-1357.

Re: Property Damage From Tree Roots - Counter Laws?

Let's call the parties 'H' for 'homeowner' (you) and 'N' for 'neighbor.'

If the trees (as judged by the trunks) are entirely on N's land, but either the branches or the roots extend onto H's property, N is committing a trespass against H.

Judges consider this one of the most technical and trivial of trespasses, and ordinarily H's remedy is only to cut the limbs or roots at the property line. I think N would be liable for the reasonable cost, but that's about it. There is a further limitation: the cutting must be done in a 'non-negligent manner' according to one case, whatever that means. I suppose this means H can't hack and slash in a way that is likely to kill the tree or create a mess.

If, however, either the roots or limbs begin to do real harm, as your facts suggest, they are considered 'noxious' (to use the phrase from one appellate case on the subject) and are a more serious kind of trespass and perhaps also a private nuisance.

Under such circumstances, the remedies available to H are appropriately escalated. H can now demand money damages for the harm done, with a good expectation that N will be held liable.

I doubt that it makes much difference whether the trees grow naturally, or were planted by N, or by N's precursor owner. In any case, it sounds as though these are landscaping trees, not native.

In small claims court, your evidence (which may include your own testimony) should attempt to prove:

(1) The trees' trunks grow on N's property;

(2) The roots have invaded your property;

(3) N has not prevented the spread of the roots, despite notice of the damage;

(4) You have suffered damage in the amount of $X as a consequence of the unchecked spread of the roots.

Be prepared to offer some detail as to the dollar amount and how it was determined.