Legal Question in Real Estate Law in California

Tree root damage to my garage

My neighbors tree, a 3 story high

Sycamore is located right on our

property line, but 100% on her side.

It is 5 ft from my garage. The roots

have lifted up the foundation of my

garage. I have spent $2,700 for the

repair and removal of the roots which

I have documented by photographs.

In addition I brought my neighbor

over to witness the damage when

the contractors were here removing

the root damage. Other roots are

growing under my sidewalk along the

garage where I can see the begining

of damage there too. I am also

concerned with the foundation of my

house. I am trying to be reasonable

with my neighbor, all I am asking for

is that she have he tree removed and

I will cover the expense of the

repairs. She is being very difficult and

does not want to remove the tree.

Do you consider that I might win a

judgement in court and possibly if I

choose to proceed have my costs of

damage repair reinbursed?


Asked on 3/12/08, 4:23 am

1 Answer from Attorneys

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

Re: Tree root damage to my garage

See my previous answer; this is a winnable case and you should be able to get both past damages and an injunction against future harm as a judgment and decree.

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Answered on 3/12/08, 12:56 pm


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