Legal Question in Real Estate Law in California

Re: Tree roots damage property

You should subject him and his nonsense to

the courts of this state. In other words, just

sue him. I personally had the same problem and

was successful. There is more here than a tempest

in a teapot - nuisance, trespass, conversions, etc

You need an attorney for sure. Good luck.

Re: Tree roots damage property

The invading roots amount to a trespass and a private nuisance, but resort to the courts at this stage seems premature. You have a right to cut the roots, but must do so (to quote a court decision) "non-negligently," whatever that means. In this case, it might mean cutting them at a point as far from the trunk as possible while still protecting the pipe. It might also mean having the work done by a licensed tree "surgeon" or someone who knows what they're doing. If you can establish that the roots were "noxious" (i.e. more than just a technical trespass, and really about to do serious harm), you would be entitled to recover the cost of the work in court, if you have to go. I always counsel neighbors to avoid sueing each other when at all possible to work something out. It is very unpleasant to have to live next door to the defendant.