Legal Question in Real Estate Law in California

trespass

My neighbors tree roots lifted the decking to my pool. His insurance company denied the claim then after I took the decking out and hired an arborist they accepted the claim. It has been on going for seven months. The decking cannot be put back until the tree is removed and the insurance company says they cannot make the neighbor remove the tree. If the tree stays the decking will lift again and the insurance comany wants a release signed. Neighbor is a real ass, if I sue can I also sue for attorneys fees? I just want this over I have the damage backyard has been a mess for seven months and neighbor sits quite happily and says he will at sometime remove the tree. I can't sell the house because I would have to disclose the problem, and I can't do the work until the tree goes.


Asked on 1/06/04, 10:50 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: trespass

This is both a trespass and a private nuisance. Each cause of action (ground of complaint) has its own merits, and any complaint against the neighbor should cite both.

You can get attorney fees in some instances of private nuisance.

Your case can probably be brought to a satisfactory resolution by having an attorney who knows what he or she is talking about write the neighbor a letter explaining the concepts of nuisance and trespass and threatening suit.

I have done several tree-root cases in the last couple years and could assist you at low cost if you wish, but you might look for someone local first because if suit is necessary it would be cheaper to have truly local representation. I'm in the West Marin - Central Sonoma County area.

Don't sign a release without legal advice.

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Answered on 1/07/04, 1:22 am


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