Legal Question in Real Estate Law in California

Re: Tree on City Property Damaging home

You can start by filing a claim with the City for any damage you have suffered (i.e., the amount you have had to pay to fix the roof and the vehicles). You may also want to contact an attorney in your area discuss the specific facts which give rise to your claims to determine whether you can initiate a lawsuit against the City to force it to take action.

Re: Tree on City Property Damaging home

The good part is that the city of knowledge is it is on their easement and has forbidden you to take any action in regard to trimming the tree. That means, indirectly if not you might say directly, they knowledge they are responsible for the tree. Its upkeep and outgrowth. So they are responsible for damages which occur for their failure to maintain the tree in a proper manner. My advice, why haven't you're ready talk to an attorney. You see you have claims possibly against the city but there's a statute of limitations on making those claims in a timely manner. In the state of California that time limit for making claims against municipality is much less generally than the time limit against a private party. Take your diaries, receipts for repair, or anything else were you can substantiate the date the damages occurred to a real estate attorney immediately. Hopefully he/she can help you prepare claim against the city if it is timely. You might argue that the damages are ongoing because of the failure to maintain the tree properly and even if they are outside the statue limitations you have a right to make the claims. Very weak but I'm trying to help.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Tree on City Property Damaging home

The answer given you by this particular city (of Ukiah?) official is not very authoritative and my guess is that the individual didn't know beans about what he was discussing.

In the first place, what the heck does he mean by the City's "easement?" The holder of an easement usually has VERY limited rights in the easement, which is really just permission to use someone else's property for a limited purpose such as access, so unless it is an easement to grow oak trees, the City probably has rights way inferior to the owner of the underlying fee interest, which I would assume is you.

Second, even if the City has the right to grow trees on the land, either as owner or as holder of an easement which includes the right to grow oak trees, the City must grow the trees in a manner that is safe and does not allow parts of the trees to become trespasses on other folks' private property.

I would never advise a victim of tree-trespass to take unilateral action (trimming, etc.); even though you have a legal right to trim portions of the tree overhanging your property (and in this case the entire tree may be on your property, subject only to the easement holder's possible interest in the tree), if you did so in an arguably negligent manner and the tree died, you could be liable.

I suggest having a local attorney who knows the people at City Hall (but is not under their thumb) write a letter on your behalf after investigating the facts respecting ownership of the land the tree is growing on. It may be that it is not an "easement" at all, but rather on the street right-of-way, i.e. the City owns the strip of land in fee rather than merely holding an easement. Use of terminology by non-attorney bureaucrats can be pretty loose. Even if the City owns the land and the tree, they still have responsibilities re safety and trespass.

A final thought is that some City ordinances protect various species of trees, and even if this oak tree is on your private property you may not have the right to cut it down or to trim it in a way that is likely to kill it.