Legal Question in Civil Litigation in California

Roots

I have two large Monterey Pine trees

which were planted around 1980. I

purchased my home in 1998. My

neighbor claims the roots of these

trees are damaging his driveway and

may threaten the foundation of his

home. He wants me to remove the

trees or he may sue. Would I be

liable for damages caused by trees

planted nearly 20 years prior to my

purchasing the property?


Asked on 6/25/08, 1:57 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Roots

Yes. One of you has to bear the consequences of the trees' growth -- either the person who owns them or the person who is suffering because of them. It is more just to put the responsibility on you than on your neighbor.

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Answered on 6/25/08, 2:17 am


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