California | Real Estate Law
Legal Question
tree roots and sewer lines
We have two trees that our
neighbors state have caused damage
to their sewer line. They've replaced
their sewer line and are now suing
us for a minimum of $75K for
negligence, nuisance, trespassing, as
well as the $15.6K for their new line.
In the 35 years as neighbors, this is
the first complaint of a sewer
problem in their 120 year old line
since the trees were planted (with a
permit) 30 years ago. We have an
arborist's report stating that trees
are not malicious but are
opportunistic and find nutrients from
leaky sewer lines. Could we really be
liable for these claims considering 1)
there was no precedence to request
funds for cleaning out the line due to
clogging of roots, 2) the life span of a
terra cotta line is around 50 years
and not 120 years, 3) the sewer line
must have been damaged already for
roots to invade the line, and 4) we
have maintained these trees every
year and so question their claim of
negligence.
In addition, we will probably be
required to remove the trees.
However, the city of San Francisco
will not allow this since the trees are
healthy. Where does that put us?
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