the neighbor’s tree roots caused damage of our fence.

UPDATED: Sep 30, 2022

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the neighbor’s tree roots caused damage of our fence.

Our neighbor has a very tall palm tree,which is dried up almost .The roots of the
tree pressed over our fence for a long time.The fence was bend and there was a
crack so it was like a hole,no privacy. The owner didn’t do anything.New Link Destination
day our
fence fell down,what can we do ?What steps to take first?

Asked on July 29, 2016 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, you should talk directly to your neighbor to see what, if anything, they are willing to do about the fence. You can follow up with a letter which you can send your neighbor. If they fail to offer you any compenation regarding the repair/replacement of the fence, then you can bring suit for the cost or repair/replacement. If it is a shared fence, then you would ask for partial compensation. As to any new fence, as an adjoining landowner if the roots encroach under your property, you can sever them but only if the roots are actually causing damage (or preventing re-installation of a fence) and then only if done reasonably. If you cause damage to the tree, you can then face liability; it imay be best to have a professional cut back the roots.

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 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.

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