Legal Question in Real Estate Law in California
tree roots as a continuing trespass
My neighbor's insurance company
has assumed liability for roots
obstructing my main sewage line and
has paid for rectifying the situation
by clearing the line and reinforcing it
to prevent future invasion. Rather
than incurring additional costs at the
time, I cleaned up the mess of raw
sewage that backed up into my
bathrooms. Surely there should be
additional compensation for my work
cleaning up the mess directly caused
by the roots. Thank you.
2 Answers from Attorneys
Re: tree roots as a continuing trespass
Normally you would be entitled to collect for such incidential damages, but insurance companies prefer a business as opposed to the homeowner doing it. They will want some proof of your costs and amount of time you spent. But if you spent one hour cleaning up, they might say that is worth $15-20 per hour of work. Claiming emotional distress from having to look and smell the mess might be worth a few hundred dollars but might also overlap the clean up charges.
Have you asked the insurance company for compensation? See what happens when you do. I do not think the case is worth the trouble and time of going to Small Claims Court.
Re: tree roots as a continuing trespass
Since the neighbor's insurance carrier has agreed to liability, you should talk to, and negotiate with, their claims adjuster.
They are notoriously cheap and stingy (that is how the companies became so wealthy), so be aware going in.
As Mr. Shers ably points out, it would be difficult to achieve very much by going to court. California judges seldom award damages for emotional distress.
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