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