Do I have any recourse if a neighbors tree roots has damaged my house’s foundation?

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Do I have any recourse if a neighbors tree roots has damaged my house’s foundation?

Asked on November 3, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you unfortunately have no legal recourse against your neighbor if roots from trees on his or her property damaged your home's foundation. The reason is that under the law, tree root movement is deemed an "act of god" occurrance setting forth a basis for a lawsuit under the law.

I suggest that you might want to make a claim to your homeowner's insurance carrier about the matter you are writing about.


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