Legal Question in Real Estate Law in California

Re: Damage from Neighbor's Trees

Well, first I would communicate directly with the owner rather than his tenants or others who may have some loose connection with the owner or the property. The trees constitute both a trespass and a private nuisance.

If negotiations fail, the ultimate remedy is a suit for damages. You also have the right to cut the roots, but you must do so non-negligently, and in this case you probably could recover the cost thereof in a lawsuit.

Re: Damage from Neighbor's Trees

I would think the most expedient course of action would be to have an attorney write a "demand letter" to the owner requesting that he remove the offending roots.

Feel free to contact me if I can be of further assistance.

Re: Damage from Neighbor's Trees

An Attorney should send a letter to the owner, not the tenant, demanding that the damage stop.

Should a demand letter have no results file suit in Small Claims Court against the owner if the damage is less than $5,000. Thank You.

Re: Damage from Neighbor's Trees

the first thing to do is make sure you have a

proper survey of the property and have it

recorded. There are issues of trespass, nuisance,

encroachment, etc., and you will definitely have

to sue the owner of the adjoining land, who may

have insurance which will cover it. You definitely

need an attorney to handle this. I personally

had the same problem and was successfull, althou

I wished I had sued sooner. I did the nice things

by writing letters to the owners, etc., which met

with no response. Knowing what I do now, only

one demand letter should be made, then suit followed

shortly thereafter. Good luck.