Legal Question in Real Estate Law in California

My neighbors' giant tree's roots has been encroaching to my property. I send him an email about a year ago and he told me that he was going to trim the tree. My concern is that the roots are so thick that they already destroyed one of my pipes. The concrete in one part of the entrance by my home is about 1/2 inch raised. The concrete by my garage is cracked. I am concerned about the water and gas pipes. What are my options? Do I report it to my home insurance? I live in California and I was told that there could be a chance that if I report it to my home insurance that they could tell me that they will cancel the insurance if I don't fix it. Any advice?


Asked on 9/24/13, 7:44 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your neighbor is likely liable for the damage on trespass and private nuisance theories. I'd recommend hiring a licensed arborist (tree expert) to come out and look at the situation and give you technical advice (in writing) as to (among other things) whether the roots can be trimmed at the property line without causing serious harm to the tree, and confirming that the tree roots are the cause of your damage. Then get estimates on repairing the concrete and pipe, etc. damage from licensed contractors. Negotiate with the neighbor some more, then if you can't reach a settlement, contact a lawyer regarding suit for damages and/or an injunction based on trespass and private nuisance theories.

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Answered on 9/26/13, 9:14 am


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