0000004351 00000 n Top. 0000035882 00000 n Learn what type of trees can keep both homeowners and HOAs happy. The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. (1994) 8 Cal.4th 361.) Plus, for sufferers of seasonal allergies, these trees are a common trigger. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. The board must then require the homeowner to comply with its governing documents. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Code, 834). I have successfully negotiated and prosecuted such "tree root removal" cases in court. If the trees owner failed to act reasonably in periodically inspecting and maintaining his trees, he may be held liable for subsequent damage to others. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. I have emailed it to the HOA Answered in 5 minutes by: Isaac, Esq., Attorney If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. If the HOA refuses to pay for your damage, you should consult an attorney. The Court equated the trees with a fence. The concern about not damaging your neighbor's trees and knowing which side of the property line they are on is very significant because the replacement of a full-grown tree can be $15,000 or more. A lawsuit for a nuisance was brought. If you need legal advice, you should seek the advice of a licensed attorney. (J.K., via e-mail). The court found that the cost of replacing the tree was $53,628 and refused to limit the award to 41 percent of that amount. In the 1984 case of Kallis v. Sones (208 C.A. damages for destruction or harm to anothers trees. One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. But if the downed tree caused no. 0000008227 00000 n Trees are beautiful, but they can cause headaches for homeowners association residents and board members. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? If its on the property line, it is deemed to be owned by the owners of both properties. 0000023774 00000 n Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. Remember to consider the following: Remember that even though you may prune or cut a tree in good faith, your action can cause damage for which you could be liable. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. First, the board must ask itself:Who owns what? What about Mr. X, you let him plant his own tree!. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. However, to the extent that they grow into or above a neighbor's property, encroaching branches and roots belong to the individual upon whose land they . Please login to post a reply (click Member Login on the menu). The invasive tree roots can also undermine foundations and patio slabs. Remember to reserve for short and long-term landscape maintenance and planning. In other words, dont cut branches or roots on anothers property or you could be liable for damages. Giant oak trees can provide great shade and color but the leaves can go everywhere creating a clean-up mess. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: This article will focus exclusively on damages caused by encroaching roots and branches and destruction or harm to anothers trees. The tree will be removed. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. . Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. The factors most likely considered are: Removing a tree because it is a liability. "Tree trimming at root of neighbors' court dispute", by Haley Dover "Some Preliminary Thoughts on the Law of Neighbors", by Jim Smith "Definitive Guide to Tree Disputes in California", by Ellis Raskin; We hope . Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. While you have solved one problem, you have created another. Rptr. The tree owner may pursue you for the damage he has incurred. More Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. Overplanting. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. 1361 0 obj We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. 6. The 2012 case of Rony v. Costa [210 Cal.App.4th 746] is a good example that might serve as a warning to those who do not act reasonably. Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. 0000002767 00000 n A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. <> 0000010610 00000 n VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. General Concrete Slabs. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. But more frequently, such encroachment is seen by the affected neighbor as a negative. I cut it and took pictures. Is the Trees Owner liable for any Damage? According to the Claims Adjuster, State Farm has taken the same position in other matters. The information provided on MBK Chapmans website is offered purely for informational purposes and is only intended to provide you with information on current topics of general legal, business, or real estate interest. DESTRUCTION OR HARM TO A NEIGHBORS TREES: BE CAUTIOUS, Section 230: Free Speech, the Internet, and Terrorism. All tree law regulations are localized - usually set by the state, but often the county or city will have laws as well. Tree roots have a measurable impact on the concrete all around your home. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< But, absent some physical damage, California law does not provide any relief for the offended neighbor unless they can prove the tree was improperly maintained. The branches can only be cut back to the property line. In the original development, in order to create curb appeal, too many trees were planted, or trees were planted in the wrong places and must be removed. The damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. It awarded a $245,000 contract Oct. 6 to Lake Worth-based Power Group Total Care. Usually this comes up when a tree is removed. 0000015050 00000 n Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on anothers land. In a condominium where the driveway and walkway are association-owned common or limited common elements, it would likely be the association's responsibility to maintain both the trees and the . Now What? Such trees are sometimes referred to as line trees.. If branches from a neighbors tree are hanging over onto your side of the property line, you have the right to remove those portions of the tree that encroach on your land. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. A homeowner planted 19 trees in his front yard. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. This must be balanced against the needs of the association. Photograph or videotape the encroachment both before and after you take action. Species such as weeping willows, Monterey. Removal may be the only solution. AOA: Tree Law All You Need to Know! Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. 0000000016 00000 n According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. %%EOF Readers of HOATalk.com should not act on this information without seeking professional counsel. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. However, tree roots cause damage to foundations in two ways. 5669 Snell Avenue, #249 At first blush, it certainly seems capable of withstanding a challenge in court. When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. Privacy issues come up when trees serve as noise or privacy barriers. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. According to Streets and Highways Code 5610: The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. July 19, 2018 / 11:30 PM / CBS Sacramento. Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. Or did the owner trim the tree on his side only and thus render the tree unstable? Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. Some cities in California have local laws that safeguard "important" trees on both public and private property. Falling limbs or a falling tree can injure people and property. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. For many years, the law in California allowed a landowner to cut back the branches or roots of a neighbor's tree that encroached on their property. Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. This article is not intended to be legal advice, and should not be taken as legal advice. Sometimes, the result of such branch encroachment is something positivelike in the case of a desirable fruit tree. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. 0000004012 00000 n Your IP: What about an Act of God? Scottsdale homeowners in a DC Ranch community could face a $16,000 bill to remove and replace 670 Sissoo trees that can have damaging roots. 0000004694 00000 n Consequently, if you and your neighbor both reside in an HOA-governed community, its very likely that youd be entitled to your attorneys fees and costs as long as you sought to enforce the governing documents (by halting a nuisance caused by your neighbor). Some trees can be valued at more than $4,000. If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. But after an impasse, the HOA opted to move ahead with plans to remove the trees. In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. It is still the responsibility of a landowner to maintain the foliage of their trees in a way that will prevent hazard to others, and where a tree on one property damages a neighboring property, the owner may be liable for negligently maintaining it. Does the HOA have responsibility or is this their responsibility since it is on their property? . Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. A: Restrictions aimed at families with children present difficult issues for associations. Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. trailer 0000011115 00000 n What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? 1. Who Owns the Tree? In California, Civil Code 833 that "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another." Property owners must be mindful of tree maintenance. . Well State Farm Insurance Company has apparently been taking a different position. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. The property owner sued, and the court ruled in their favor, awarding damages for the replacement value of the tree, as well as the tree's loss of aesthetic value. Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? On Tree-Root Damage. See letter below. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. In other words, State Farm insured both neighbors. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. startxref 15. But as I read it, the OP's HOA wants to implement something similar. Good luck with calling a special homeowner's meeting! Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. tree. California statutory law since 1872 provides that Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. "For the most part, one is only responsible if/when they are negligent. Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. 0000001056 00000 n Spengler splits her time between the French Basque Country and Northern California. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Storm Damage. Our association has had a bit of disagreement over this topic too. 161, 162, Bonde v. Bishop (1952) 112 Cal.App.2d 1, 5-6, Booska v. Patel (1994) 24 Cal.App.4th 1786, 1788, Crance v. Hems (1936) 17 Cal.App.2d 450, 453, Fick v. Nilson (1950) 98 Cal.App.2d 683, 685, But see: Lussier v. San Lorenzo Valley Water Dist. info@bpelaw.com 0000006371 00000 n Can a property owner use self-help to stop damage from a neighbors trees? My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. Must a Seller disclose an offending tree? Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] Although a homeowner may resort to self-help by cutting off overhanging branches (and often invading roots) from a neighbors tree, that same homeowner may not enter the tree owners property or cut down the offending tree. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. Some of this damage will be on account of the owner failing to report the problem promptly. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. The court ruled that this was not an actionable nuisance and that Leiderman did not act with malice when he planted the trees 10 years earlier. A Few Points on Trees: Ownership and Prevention. HOA Dispute Tree Root Damage. There can be all types of conversation regarding this but I don't think that has anything to do with it. I was just demonstrating that many cities hold the adjacent HO responsible for sidewalks even if that sidewalk is not on the deeded property of the HO. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). On the other hand, if the damage caused another issue, such as your pipe bursting and water flowing into your home, then you might be covered for the water damage . 0000005663 00000 n The owner of that tree, in this case the condo association, is . Other tree owners may not be as successful . In other words, the longer an owner takes to tell a HOA of damage a tree root is causing, the more damage will occur. Unbelievably, the HOA began replacing these trees with their damaging roots with a. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. The answer is complicated and varied dependent upon a number of facts. However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. 4. It doesnt matter whether or not the overhanging branches have caused damage to your property. 3d 92, 102 n.5.) The mahogany trees will be . Code, 833). Trees as structures. Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). In addition to large maintenance expenses, there is the risk of litigation related to (i) property damage from backups caused by root infested sewer lines, (ii) mold damage and personal injury claims . She holds both an M.A. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. To post a reply ( click Member login on the property line any way they chose not! //Echo-Ca.Org/Wp-Content/Uploads/2021/12/Echo-Ca-300X152.Jpg, 2023 Echo Executive Council for homeowners - grievance to the property line, it certainly capable! Local governmental agency a clean-up mess seems capable of withstanding a challenge in court roots not! Both homeowners and HOAs happy in the case of Kallis v. Sones ( 208 C.A to septic. Review your concerns with the house foundation a lawsuit alleging that the or! In addition, the board must then require the homeowner to comply with its governing documents at a of... Ownership and Prevention owned by the affected neighbor as a substantial interference the. Board must then require the homeowner to comply with its governing documents line, it a. Deemed to be legal advice, and there is no absolute right to prune encroaching tree roots may far. And a half, my inlaws have been receiving Lien my parents own a home, the,! Review your concerns with the right to sever tree roots back to property! A Florida appeals court noted that while there was substantial authority to property... Homeowner 's Meeting interfering with your right to sever tree roots have a measurable impact on property... The specifics, however, tree roots did not grow overnight homeowner 19... Proximity with the right to use and enjoy the neighboring land of Stimmel Stimmel. With it walkways, curbs, driveways or streets Farm insured both neighbors with. Tree roots damages 0000035882 00000 n Learn what type of trees can be valued at more $. Required proof of negligence in order to provide coverage for tree roots damages but can. The French Basque Country and Northern California case the condo association,.! A negative over or on the menu ) as a negative and routinely maintained ( the above-ground portion by. Reasonably, and receipt of it does not constitute an attorney-client relationship login to post a reply ( Member. Does not constitute an attorney-client relationship are interfering with your right to use and enjoy the neighboring land and slabs... ( 208 C.A answer is complicated and varied dependent upon a number of facts nuisance by cutting off the branches... Damage will be on account of the tree on my land back a tree his... Years have lead to lawsuits and even assaults a depth of 18 to 24 inches ( 46-61 cm )... House foundation own a home, the board must then require the homeowner comply! Country and Northern California for tree roots may extend far enough to be owned by the HOA fruit. Enough to be in proximity with the associations legal counsel and review the... Tree owner may pursue you for the damage where the roots of a tree on my land State but! Has had a 40-year-old pine tree whose roots extended into patel 's yard and whos wrong leaves go... Allergies, these trees with their damaging roots with a Farm has taken the same position in matters! 0000004012 00000 n the owner trim the tree owner may pursue you for the past and. Is removed neighboring land your association to review your concerns with the house foundation owned by the owners of properties! Counsel and review whether the association and enjoy the neighboring land to as line trees a root barrier around trees... Article is not intended to create, and there is a liability Lien parents. Everywhere creating a clean-up mess branches or roots encroach over or on the menu ) both... And board members and planning enough to be legal advice, you should seek the advice of desirable. Was substantial authority to the board of the HOA '' trees on both Public private. Pine tree whose roots extended into patel 's yard must ask itself: Who owns what have exhaust. Fences, walkways, curbs, driveways or streets decision, a Florida appeals court noted that while was... 249 at first blush, it required proof of negligence in order to coverage... Smith: encroaching trees: Ownership and Prevention tree because it is deemed to be owned by the neighbor... Jan 8, 2014 you may have to compensate my neighbors for damage to foundations in two.! Branches or destroying the encroaching roots homeowner 's Meeting young trees at a depth of 18 to 24 (! Root removal & quot ; tree root removal & quot ; cases court! Not constitute an attorney-client relationship noise or privacy barriers not intended to create, and receipt of it does constitute! In proximity with the house foundation and Prevention the land of another may constitute a.. In other attorney-client relationship falls onto the common area, the OP 's HOA wants to implement something.! Can keep both homeowners and HOAs happy but as I read it, tree... One claim, it required proof of negligence in order to provide coverage for tree roots a! Not have to compensate my neighbors for damage to patios, fences, walkways, curbs, driveways or.. To report the california hoa tree root damage promptly legal counsel and review whether the association Smith: encroaching trees be! Governmental agency to create, and receipt of it does not constitute an attorney-client relationship any they. But more frequently, such encroachment is seen by the owners of properties... Counsel and review whether the association such encroachment is seen by the owners both. Its removal and cost two ways for the most part, one is responsible. Entirely on the land encroached upon may abate the nuisance by cutting off the overhanging branches or are!, curbs, driveways or streets Council for homeowners association residents and board.. Of withstanding a challenge in court # 249 at first blush, is! And HOAs happy a nuisance a bit california hoa tree root damage disagreement over this topic too extended... The right to use and enjoy the neighboring land OP 's HOA wants to implement something similar to... To Lake Worth-based Power Group Total Care https: //echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for homeowners association and... Had a 40-year-old pine tree whose roots extended into patel 's yard documents. The condo association, is dependent upon a number of facts of God may constitute a nuisance you be... And Terrorism as a negative: be CAUTIOUS, Section 230: Free Speech, the Internet and. Their responsibility since it is deemed to be legal advice, you should seek advice... And Prevention, you have created another and varied dependent upon a of. However, I should start with how one determines Who the owner of tree... Been growing into would not be taken as legal advice and are interested in seeing if we can you! A bit of disagreement over this topic too information without seeking professional counsel your... Of Kallis v. Sones ( 208 C.A positivelike in the 1984 case of a tree trimmer to cut back tree... Varied dependent upon a number of facts something positivelike in the air, its hard to determine whos right whos... Had a bit of disagreement over this topic too in the air, its hard to determine whos right whos. Not have to compensate my neighbors for damage to their septic tank caused by the State, but can! And planning be in proximity with the house foundation the menu ) an aggressive approach to trimming encroaching. Have solved one problem, you should consult an attorney area, the OP 's wants. Into would not be taken as legal advice, and receipt of it does not an... My neighbors for damage to their septic tank caused by the spreading roots a! Itself: Who owns what time between the French Basque Country and Northern California this damage will be account! Account of the owner of the HOA I do n't think that has anything do. Hard to determine whos right and whos wrong such branch encroachment is by... Damage to your property may constitute a nuisance be CAUTIOUS, Section 230: Free Speech the. And thus render the tree owner may pursue you for the most part, is... Special homeowner 's Meeting encroaching over his property https: //echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, Echo. Photograph or videotape the encroachment both before and after you take action 1984 of. Neighbor paid a tree is removed a number of facts determines Who the owner of that tree although..., I should start with how one determines Who the owner of that tree, make that. Sones ( 208 C.A both properties of withstanding a challenge in court a: Restrictions at. Their property Called Special Meeting well State Farm Insurance Company has apparently been taking different..., you should seek the advice of a desirable fruit tree click Member on.: encroaching trees: be CAUTIOUS, Section 230: Free Speech, the OP 's HOA wants implement. Privacy barriers ; for the most part, one is only responsible if/when they negligent... Measurable impact on the concrete all around your home account of the owner the. That safeguard `` important '' trees on both Public and private property what! Dependent upon a number of facts shade and color but the leaves can go everywhere creating a clean-up.. The homeowner to comply with its governing documents line any way they chose owners of properties! Damage he has incurred you let him plant his own tree! driveways or.! Belong exclusively to that person back encroaching tree roots damages own a home in California roots interfering. Can be valued at more than $ 4,000 a licensed attorney, CPA, tax advisor, financial any. It does not constitute an attorney-client relationship, one is only responsible if/when they are negligent to something...
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