Who is liable for sidewalk damage from neighbors property?

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Who is liable for sidewalk damage from neighbors property?

Sidewalk breaking up due to tree roots. Talked with neighbor was told that
happens when trees are close to a property line. They do not wish to do anything
about it.

Asked on October 11, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They would are liable done for damage occurring after you warn them or put them on notice that their tree is damaging your sidewalk. They have to have been warned about the problem or condition first, so as to have had a reasonable opportunity to do something about it. And even if/after they are liable, if they will not voluntarily pay for any damage, you'd have to sue them for compensation (e.g. for the cost to cut the roots and lay a new slabe).


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