Legal Question in Real Estate Law in California

tree damage to neighbor
Last week my husband received a call from a neighbor saying our tree roots were causing their sidewalk to rise. He agreed to have the tree removed. This week the neighbor called to say that when they were replacing the sidewalk, they saw the large tree roots which had been under the sidewalk and implied that we should pay for it. You could not visually see that the tree had large roots and the first time we were notified that there was a problem was last week. Are we responsible to pay for the new sidewalk?

Asked on 7/21/08, 8:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: tree damage to neighbor

If it was your tree (growing on your land) that caused the damage, yes. Tree roots or limbs crossing the property line are trespassory and the owner is liable for the damage they cause, whether or not the current owner, or a previous owner, or even Mother Nature, planted the tree in the first place. I don't know whether you would be legally entitled to shift part of the cost burden to the neighbor with a legal argument that (1) the damage could have been less if he'd reported it sooner, or (2) you're only liable for the depreciated value of the sidewalk, not the replacement cost. If the claim is pretty steep, you might want to contact your homeowners' insurance agent and ask about coverage for the neighbor's entire claim, including the cost to remove the tree.

Answered on 7/21/08, 9:38 pm

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