What to do if the roots from out neighbor’s tree is damaging our property?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if the roots from out neighbor’s tree is damaging our property?

Our neighbor has a big tree planted too close to our shared fence. This has resulted in damaged caused by the roots to the fence as well our pavement at our yard. We talked about ita  couple years ago and they are paying no attention. Now, they are selling their house. Can you please suggest any action we can do to resolve this issue.

Asked on January 12, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A neighbor is responsible for damage his or her tree does if the neighbor has notice or warning of the damage, or at least the potential for damage. (That's why if you have a dead or sick tree on your property, you can be liable if it then falls on someone's car.) If you have provided notice to the neighbor and he or she has not done anything about it, you could sue the neighbor, seeking a court order requiring the roots to be cut or tree taken down, and also possibly seeking compensation for the damage already done.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption