Legal Question in Real Estate Law in California

Re: My roots were cut

The rule of law you're referring to is from a judge-written decision ("case law" or "common law") and isn't statutory. I read the phrase years ago in a real-estate law book I no longer have, but from memory it goes something like this: Tree limbs or roots growing across a property line are trespassory, and the person in lawful possession of the invaded parcel can cut the limbs or roots at the property line, but must do so in a non-negligent manner.

The judge, in expressing the rule, did not amplify upon what might be negligent cutting, but it's reasonable to presume that cutting in a way that would forseeably cause the tree to topple in a storm is negligent.

If a case like this went to trial, the attorneys on both sides would have to argue negligence law, including what is the standard of care (i.e., can a wall contractor do the cutting, or should the neighbor have hired a licensed arborist to advise him) and forseeability (was this a freak incident or would a pepper tree, thus cut, almost always blow over in a typical winter windstorm).

I will try to locate the case and get you a few additional points of law in a supplemental LawGuru posting.

Re: My roots were cut

Apparently the most important and recent case on this subject is Booska v. Patel (1994) 24 Cal.App.4th 1786. The case contains citations to earlier cases such as Bonde v. Bishop and Grandona v. Lovdal, which Booska interprets and limits.