Legal Question in Civil Litigation in California
Tree roots in neighbors pipes
Our neighbor claim that 2 trees (roots) on our property are clogging their sewer lines. We removed the trees and stumps out of good faith but 3 months later, the neighbors are still having roots clog their sewer lines. What are we responsilbe for if we have acted with resonable care in a timely manner. They have asked us to pay the cost of cleaning out their drain pipes for both occurances (and possibly for future occurances). If we pay any of this, are we admitting guilt. Are we responsible for removing any remaining tree roots on their property? Thanks for any advice.
1 Answer from Attorneys
Re: Tree roots in neighbors pipes
You are responsible for damage caused by your trees. I don't whether your neighbors can prove that your trees are the cause of their plumbing problems, but you seem persuaded and that's good enough for me.
You have acted commendably, and your actions likely prevented the damage from getting any worse. However, you are still liable for any damage your trees caused. Cutting them down did not undo that damage, nor did it get their roots out of your neighbor's pipes.
Owning trees is not a crime, so there is no "guilt" for you to admit. A bigger concern is whether you would admit liability by paying anything to your neighbors. The answer is that you very well might. A properly-drafted settlement agreement would eliminate this risk, assuming that your neighbors are willing to sign it.
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