California  |  Real Estate Law

Legal Question

Asked on: 11/12/07, 10:53 pm

Tree Root Damage

I have a Montery Pine on my hill, my property. My neighbor informed me this summer that roots from my tree have damaged her patio and foundation. These were all top soil roots that must have taken years to develop and were never cared for until damage was caused. I have no sight into her yard but when called I did the neighborly thing and removed the roots per her request. She hired an arborist that say’s it was mine, I hired an arborist that told me it was not mine (no surface roots showed no my property). A third arborist told me that surface roots do not go up hill (40ft). I now have notification from their retained lawyer with this complaint.

As I understand the law, this neighbor had a responsibility to cut these roots before they could cause damage. If not for her negligence, this real property damage would not have occurred. Where am I missing my responsibility?

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