Legal Question in Real Estate Law in California
Tree on Property Line?
Please help. I purchased a home 11 months ago with a 100 year old tree on my side of the fence of the property line. The owner of the adjacent property rents out the two small homes on his property. Ive met the owner once right after I purchased my house when he stated ''You better do something about your tree'' and he made some reference that my tree is destroying his sewer lines. I did get prices to remove the tree and since it is so big, it demands over $1300 to remove it. Because of its age, ive decided its best not to remove it. Today, the tenants beside me on that property have had sewer problems and roots were the cause of it. To what extent am I liable for a tree that is over 100 years old and Ive only owned it 11 months? If the owner sues me, could he potentially win? I also have heard that the sewer pipes were replaced on their property about 10 years ago by a previous owner. Shouldnt the previous owner had rerouted the pipes knowing full well of tree roots? What is my next step? Thanks for any ideas or advice!
2 Answers from Attorneys
Re: Tree on Property Line?
It doesn't matter that your only recently purchased the property. The damage done by your tree is generally your responsibility.
Your neighbor cannot normally engage in conduct that hurts the tree; however, there are exceptions - one of them is where the tree roots harm the neighbor's property. The neighbor is likely within his/her rights by clearing out the roots from the pipes, even if it does hurt the tree. This is a dicey issue.
It would appear that you are concerned about your neighbor's next steps. Since you cannot predict nor guarantee what the neighbor will do, there is little gained by worrying about it. If you are on good terms (or want to be on good terms) with your neighbor, you might consider leaving the issue alone.
Your neighbor knew or should have known about the roots, and he/she is responsible for maintaining his/her own sewer lines. He/She can clear them out at his/her own cost. You can likely maintain the position that doing so is not your responsibility.
Re: Tree on Property Line?
Yours is a common but tricky issue. I am unable to give you advice specific to your question but I can offer this . . . if the person that sold the house to you knew that the tree was causing problems for the neighbor, and withheld that information from you, you may have a claim against that seller. I would contact the owner of the neighboring parcel and ask if he had ever communicated the tree root problem to the previous owner of your home.
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