Legal Question in Real Estate Law in California
Tree on Property
Have a Cottonwood tree on our property which was there when we bought the house. The neighbor is complaining that tree roots are causing damage to his driveway. He wrote a letter to us stating he wants us to remove the tree. We are agreeable but only if he pays for the removal of the tree. If he refuses, are we obligated to remove the tree?
2 Answers from Attorneys
Re: Tree on Property
You are not necessarily obligated to remove the tree, but you will be liable for any damage the tree roots do to his driveway. You will have to decide if the tree is more valuable to you than the potential damage you will have to pay to repair his driveway.
Re: Tree on Property
Ms. Spikes' reply pretty well summarizes the law. Invasive roots are a form of trespass and you are liable for any damage. I would suggest engaging a licensed arborist in your county to look at the situation and give you advice based on the science of botany before making a final decision based on the alchemy of law.
In short, there may be a practical solution that avoids court battles and/or logging off a valuable landscape tree. The professional you and the neighbor may need is an arborist, not a lawyer. Make sure (s)he is LICENSED.
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