Legal Question in Real Estate Law in California

My neighbors tree caused damage by uplifting my concrete steps and sidewalk. The tree has now been cut down, and I wanted to proceed to have the damaged repaired. I filed claim with my insurance company, but my claim was denied citing exclusion for tree and root damage.

What can I do from here? Should I ask the neighbors to contact their insurance company? Or just write to them that they are responsible for the damage, per California Law?

Asked on 2/15/19, 2:31 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You really don't have to choose.....just contact the neighbor politely, point out his legal responsibility and mention that his insurance might cover it. Incidentally, these cases are common, and the main distinguishing factor is often the reasonableness of attitude taken by the neighbors. Discussions can be civil and productive, highly cantankerous, or anywhere in between. Lawsuits happen, but are discouraged (a) because of the on-going bad blood and rancor whoever wins, and (b) the cost in money and personal time they take. My advice is to avoid conflict or its escalation.

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Answered on 2/16/19, 8:10 am

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