By law, you have the right to trim branches and limbs that extend past the property line. Lucy is required to take into account the health of the tree first and foremost. A trained professional can use video equipment to determine whether a pipe has already been shifted or breached, determining beyond a doubt that it must be fixed. In this case, a man named Booska owned a 30- to 40-year-old Monterey pine. Generally such failure is considered to be “negligence” and a negligence owner can be liable for all damage resulting from such negligence. California Tree Damage Laws. If the tree’s owner failed to act “reasonably” in periodically inspecting and maintaining his trees, he may be held liable for subsequent damage to others. The fear of a tree falling on your home and the nuisance created by overgrown trees and shrubbery, root systems attacking your water pipes, and fence damage often lead homeowners to seek out legal advice and potential remedies. During the rainy winter, I talked about related issues like, why common storm damage to plumbing can come as a surprise. In California, specific laws allow you to recover additional damages if someone deliberately damages your tree. Neighbors’ tree roots causing damage in California, or anywhere else for that matter, is a tricky situation, both legally and in terms of your home’s plumbing. Jun 17, 2009. Liability for damage caused by tree roots. 2. code: ... civil code - civ title of the act. Call (415) 788-1881 - Wolff Law Office is dedicated to serving our clients with a range of legal services including Construction Litigation and Real Estate cases. Check us out on the Web at: www.bpelaw.com. If a person is selling a home and there is any history of problems with adjacent trees, this should always be disclosed even if there has been no actual physical damage. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. neighbors state have caused damage . back in 1994, Lucy doesn’t have the right to force her neighbor to remove those roots, even if they’re on her property. We’d say hello after work and we’d watch each other’s houses whenever one of us went out of town on vacation. If you do harm the tree, you could be found liable for up to three times the value of the tree. California “tree law” was changed in the case of Booska v. Patel (1994), when a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. Learn what California law has to say about trees in HOAs. But if the opposite is true, she just has to deal with it. As mentioned in prior Articles, California law is clear that a neighbor has to act “reasonably” in trying to stop actual or potential damage from a neighbor’s trees. Free trial. … The California Code for a Landowner's Right to Trim Trees. The contractor charged over $12K to completely replace the line from the street to the house. However, the law only allows tree trimming and tree cutting up to the property line. 2) You can sue in the small claims court for up to $7,500 if the amount of damages exceed $7,500 you would have to file a lawsuit in the local Superior Court. If they refuse, then the neighbor should engage the services of a licensed arborist to trim the roots and branches is such a way as to reduce the property damage while not injuring the tree. 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. Don’t just let bad feelings grow underground, breaking the relationship between you and your neighbor.
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