Legal Question in Real Estate Law in California

We recently have had 2 healthy trees die suddenly that grow along the back wall we share with our neighbor. We researched it and learned that it is easy to kill a tree via its roots. In a "discussion" with our back neighbor, he first denied he did anything, but then said that he can do anything he wants on his property. Can he legally poison our trees if the roots are also on his property (obviously they would go under the fence)? What legal recourse do we have?


Asked on 8/17/10, 7:02 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First, retain an arborist to examine the roots and to testify if need be. Under California law, you would be entitled to triple damages for malicious injury to a tree. Watch out for legal time limits.

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Answered on 8/22/10, 7:17 pm


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