Legal Question in Real Estate Law in California
Tree Roots
I purchased a home in 1997. On the property was a large cottonwood tree in the backyard near the property line of our neighbors. On meeting our neighbors, I was told that the house was vacant for many years and that the cottonwood tree roots had lifted his driveway and garage; but he liked the tree because it provided him was some shade in the hot summer months. After 8 years of being in the house, I get a letter requesting that my neighbor would like for me to remove the tree because he did not want any more structrural damage done to his home. I want to do right but I feel that the damage done to his home by the tree was done prior to my purchasing the house and I shouldn't be held responsible. If the tree must be removed can I expect that my neighbor should help in the cost of the removal?
1 Answer from Attorneys
Re: Tree Roots
I'm afraid the news isn't very good.
The past damage done by the tree roots became your responsibility when you acquired your home from the previous owner. This is why buyers are so cautious about acquiring properties that may be toxic-spill sites.
Invasive tree roots are a form of continuing trespass. You would be liable for the damage done by the roots under the law of trespass.
It's also likely that the tree would be considered a private nuisance due to the likelihood of further damage in the future, and you could be ordered by a court to abate the nuisance at your expense.
I'd suggest that your next step be to hire a licensed arborist to inspect the situation and advise you. It may be possible to save the tree by cutting the problem roots.
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