California  |  Real Estate Law

Legal Question

Asked on: 5/30/08, 1:22 pm

tree root damage

I am a resident of Sacramento County, and I am being taken to small claims court for damage to my neighbors driveway. My neighbor claims that the roots from my trees have raised the concrete of his driveway. He is looking for payment of $7500.00 from me.

I attemped to grind the the roots of my trees to stop this issue, however, access to the tree roots is on the neighbors property, at twhich point the neighbor stopped me and demanded that I remove all 7 trees completely. These 7 trees block the view of this property, which is unkempt to say the least.

I am curious if there is any case law referring to this particular claim, and what my rights and responsibilities as the tree owner are. Especially since I have made the effort previously to grind the roots in question, and the neighbor would not allow this, and demands that I remove all trees.

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