Legal Question in Real Estate Law in California

My Tree

Can my neighbor make me pay for the damage that the

roots from my tree has made to their driveway? They

moved into their house aflter my tree was already

planted.


Asked on 12/03/03, 4:46 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: My Tree

Yes. The date the tree was planted makes no difference.

There is a statute of limitations for suits for harm caused by a one-time trespass or private nuisance, but where the trespass or nuisance is on-going you could probably be sued successfully for all the harm done.

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Answered on 12/03/03, 5:17 pm
Michael Olden Law Offices of Michael A. Olden

Re: My Tree

Yes but check your homeowner's insurance may cover this. At worst say real estate attorney in your area

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Answered on 12/04/03, 10:44 pm


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