Legal Question in Real Estate Law in California

Re: tree roots on neighbors property

The tree owner is responsible.

If the trunk stands entirely on your property, you are the owner. If the trunk stands on the boundary line, you and the neighbor would own the tree as tenants in common.

The invasive roots or overhanging branches are considered trespasses when they cross the property line, and are treated under the law of trespass, with some nuances. The neighbor can cut the roots and send you the bill, but is probably not entitled to additional damages for the trespass, and the root (or limb) cutting must be done "non-negligently," meaning avoiding to the extent possible killing the tree or creating a blow-over or other safety hazard. I recommend consulting a licensed arborist before anyone cuts.

When the roots (or limbs) begin to do damage, the situation may additionally amount to a "private nuisance," which is unreasonable interference with a land owner's (or tenant's) right to peaceable possession and enjoyment of his/her property. The plaintiff in a nuisance action has a bit more available in the way of remedies.

The fact that a prior owner planted the tree will have little or no impact on the current owner's liability.

Re: tree roots on neighbors property

neighbor.

JOEL SELIK

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