Legal Question in Real Estate Law in California
Who's responsible when trees cause property damage
Root from my neighbors plants have crossed the property line and have caused extensive damage to my pools filtration system (to the point where I can not presently run my pools pump). To repair the damage will be quite expensive, much of the concrete deck on that side of the pool will have to be broken up, the pipes replaced and the roots cleared from the property. Does my neighbor have a financial responsiblity to me?
1 Answer from Attorneys
Re: Who's responsible when trees cause property damage
Yes.
The plants belong entirely to your neighbor. However, you have the right to cut limbs or roots overhanging or extending into your property, but only to the property boundary. Innocent growth of limbs or roots across the boundary is not a ground for a lawsuit for damages, because your right to cut off the trespassing growth is considered a sufficient remedy.
However, when the growth of limbs or roots becomes dangerous (in the case of limbs, due to storm hazard, etc.) or noxious (aggresively invasive roots breaking concrete or plugging plumbing), then and only then is there a ground for a suit for damages.
The theory of the suit is private nuisance. Remedies for private nuisance include injunction and monetary damages.
In disputes involving neighbors, I think it is better to negotiate before filing a suit. I assume you have complained without results. You should make one more try, with these legal rights as a bargaining tool. If you can't get a voluntary settlement, see a lawyer.
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