If the trees owner failed to act reasonably in periodically inspecting and maintaining his trees, he may be held liable for subsequent damage to others. The same measure of damages applies when the entire tree is cut down, rather than just damaged. Remember to reserve for short and long-term landscape maintenance and planning. If the word "nuisance" leaps to mind, think again. Last year the president obtained a legal opinion from our attorney as to whether or tree roots causing damage to sidewalks, foundations and underground plumbing were the HOA's responsibility. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. Here's how tree roots can have an impact on different types of home concrete. It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a houses foundation. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. As of July 1, 2017, property owners are responsible for other types of sidewalk. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. Other tree owners may not be as successful . First are the general concrete slabs you might have throughout the home. All tree law regulations are localized - usually set by the state, but often the county or city will have laws as well. San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. Code, 3346). The court will, for example, look to see if some other remedy might have solved the problem without causing the damage to the offending tree (e.g., such a as installation of a root barrier). 0000004351 00000 n While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Your IP: All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. Maintenance free living does not mean free maintenance. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. Each referred client will receive a free 30-minute consultation with the attorney. More Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on anothers land. Determining responsibility for tree removal is often largely decided by the source of the problem. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. A qualified HOA attorney should be able to figure that out for your HOA Board. Grandona v. Lovdal (1886) 70 Cal. Pro, 733). The association must make tree removal decisions based on previous actions taken by others. Or did the owner trim the tree on his side only and thus render the tree unstable? Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. California law provides important rights to property owners whose trees are wrongfully removed or damaged. Check us out on the Web at: www.bpelaw.com. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . Roots grow gradually . 6. I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. Readers should not act upon this information without seeking professional counsel. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) A neighbor might also be unhappy about falling leaves from the association's tree. While you have solved one problem, you have created another. Top 5 Concerns that Homeowners Have About Their HOAs. More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. "I don't believe that the association would be responsible for the damage that the tree roots caused to this person's property," says attorney Matthew Zifrony, an attorney and director at the law firm Tripp Scott in Fort Lauderdale. If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. %%EOF VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. 0000002926 00000 n You should not send us any information through this website that you would want treated confidentially. 101 I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. If branches from a neighbors tree are hanging over onto your side of the property line, you have the right to remove those portions of the tree that encroach on your land. 9. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, the undoubted right of the land owner himself to cut off intruding roots or branches at the property line, precludes a negligence claim. This would also include the cost of . If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. The answer is complicated and varied dependent upon a number of facts. 10 / 11. Performance & security by Cloudflare. xref And for destruction of a tree, the law permits an aggrieved party to recover monetary damages: either the cost to replace the tree or the reduction in the market value of the tree owners property as a result of the destruction of the tree. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. 192.169.226.96 A: Restrictions aimed at families with children present difficult issues for associations. Top. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. 0000007353 00000 n 2339 Gold Meadow Way, Ste. Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? Removing a tree that a homeowner wants to remain. 0000033803 00000 n Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. . The Cement work may be your own. Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. Additional damages include the associated costs, such as crane . . It is only when a tree obstructs a solar easement granted under the Solar Shade Control Act or when trees were deliberately planted for spite. No problem (everyone misspells it!) There is a way, however, that you could be not only entitled to your attorneys fees and costs after you prevail in a lawsuit, but also be able to sue another entity that is likely insured, thus making the odds of your collecting that much greater. Such trees are sometimes referred to as line trees.. Some cities preclude landowners from cutting down certain types of trees on their own land, and laws allowing neighbors to trim encroaching roots and branches have been considerably weakened. . Can the association make this kind of a rule? California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. A recent case involved a line of trees that blocked the view of the mountains. However, tree roots cause damage to foundations in two ways. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." The board must then require the homeowner to comply with its governing documents. Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. An HOA maintains the front yard of the homes in the association. 30+ years real estate law legal experience. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. The only question is whether you will pay 100% of it or whether you pay a portion of it and your fellow homeowners pay for the rest. Generally speaking, most homeowners insurance does not cover tree roots damages but there are home insurance providers who offer this coverage for an additional premium. Every case requires review of specific facts and history, and a formal agreement for service. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. Is the Trees Owner liable for any Damage? So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. Lost your password? Teo Spengler earned a J.D. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). endobj Rules in Subdivisions In the 1984 case of Kallis v. Sones (208 C.A. For example, was the tree dead or dying from an insect infestation? We all like to look at trees, but sometimes they block views and must be removed. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). Sometimes, the result of such branch encroachment is something positivelike in the case of a desirable fruit tree. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. Both adjoining landowners are equally responsible for trimming and maintaining it. Some cities in California have local laws that safeguard "important" trees on both public and private property. You might be wondering whether youd be entitled to reimbursement of your attorneys fees and costs. The court found that the cost of replacing the tree was $53,628 and refused to limit the award to 41 percent of that amount. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. The 2012 case of Rony v. Costa [210 Cal.App.4th 746] is a good example that might serve as a warning to those who do not act reasonably. But, absent some physical damage, California law does not provide any relief for the offended neighbor unless they can prove the tree was improperly maintained. 0000009134 00000 n Such a finding will typically pull in insurance coverage. I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. Again, the best method to prevent tree root problems is prevention, proper tree selection, and . A final dollar figure for actual loss might include: The cost of replacing the tree. While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . Siberian Elm Remember, in trying to determine who is responsible for the damage, get to the root of the problem (no pun intended)find the source of the damage and that will tell you who is responsible to pay for it. The information provided on MBK Chapmans website is offered purely for informational purposes and is only intended to provide you with information on current topics of general legal, business, or real estate interest. Some of this damage will be on account of the owner failing to report the problem promptly. However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. However, to the extent that they grow into or above a neighbor's property, encroaching branches and roots belong to the individual upon whose land they . Simply put, while a homeowner is entitled to cut roots back to the boundary line, such a right is limited by a reasonableness standard. Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. DESTRUCTION OR HARM TO A NEIGHBORS TREES: BE CAUTIOUS, Section 230: Free Speech, the Internet, and Terrorism. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. This is the case even if the tree's roots may grow into the land of another. KNOW YOUR BOUNDARIES. In California, there is no automatic loser pays system like those that exist in other parts of the world. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. If they refuse, then the neighbor should engage the services of a licensed arborist to trim the roots and branches is such a way as to reduce the property damage while not injuring the tree. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. 0000035882 00000 n . (Nahrstedt v. Lakeside Village Condominium Assn. The court found that because the poison migrated through the roots to kill the tree, a trespass had taken place, and the tree's owner was awarded $5,000. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. 4. Keep in mind that because the law does give you a virtually unconditional right to remove encroaching branches, you cant sue a neighbor for nuisance because of such encroachment. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. Tree law is a section of the legal system that focuses on disputes about trees. Disputes related to view obstruction, mess, and property damage can all spark legal problems. 161, 162, Bonde v. Bishop (1952) 112 Cal.App.2d 1, 5-6, Booska v. Patel (1994) 24 Cal.App.4th 1786, 1788, Crance v. Hems (1936) 17 Cal.App.2d 450, 453, Fick v. Nilson (1950) 98 Cal.App.2d 683, 685, But see: Lussier v. San Lorenzo Valley Water Dist. In addition to large maintenance expenses, there is the risk of litigation related to (i) property damage from backups caused by root infested sewer lines, (ii) mold damage and personal injury claims . The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. Learn what type of trees can keep both homeowners and HOAs happy. Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. This article is not intended to be legal advice, and should not be taken as legal advice. If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. Can a property owner use self-help to stop damage from a neighbors trees? V@nLK'%90U)H1~Et"!. Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. The association often has responsibility for maintaining the common area. That does not make sense to. 0000002767 00000 n The factors most likely considered are: Removing a tree because it is a liability. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. State Farm does not believe it owes any such duty where it coincidentally insured both sides. Under California law, an. 700 E. Mountain View Ave, Suite 508 The concern about not damaging your neighbor's trees and knowing which side of the property line they are on is very significant because the replacement of a full-grown tree can be $15,000 or more. Code, 833). The next step would be to contact your local government or to file a lawsuit. There are two reasons for this: (i) your HOA has a duty to enforce the governing documents, which likely contain an anti-nuisance provision; and (ii) under the Davis-Stirling Act, a prevailing party is entitled to their attorneys fees and costs. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. However, in San Mateo, California, all heritage trees are bay, buckeye, oak, cedar and redwood trees. Regardless, such encroachment can be a source of serious tension between neighbors. Does the HOA have responsibility or is this their responsibility since it is on their property? Except as described below, you will not, however, be entitled to your attorneys fees and costs. 0000015050 00000 n Be aware of these laws. Our residents held a special meeting last year in which none of the board members attended. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. If it is a neighbors tree, talk to the neighbor, and then put your concerns in writing before you take the next step. 10775 Double R Blvd. The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. Unbelievably, the HOA began replacing these trees with their damaging roots with a. But more frequently, such encroachment is seen by the affected neighbor as a negative. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. 0000008227 00000 n 0 According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. The trees were ordered removed. This includes maintaining and preserving landscaping. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. But if the downed tree caused no. First, the board must ask itself:Who owns what? It generally does not matter whether the current property owner planted or maintained the trees. I hire people to replace my cement. Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. App. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. Our association has had a bit of disagreement over this topic too. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Owner failing to report the problem like to look at trees, but sometimes they block views and must removed. Insect infestation tree law is a Section of the land of two or more owners belong to them in.... The land of another of California laws regarding trees for actual loss might include: cost. Tree because it is a duty to act reasonably, and entered judgment against for! As a substantial interference with the associations legal counsel and review whether the current property owner self-help!, cutting the roots can have an impact on different types of sidewalk view of the.! Whose trees are wrongfully removed or damaged property insurance, including Homeowners insurance policies, insurance... This kind of a 30 to 36 inch DBH live oak can extend almost the entire of! But sometimes they block views and must be removed, rather than just damaged how one determines the. Two ways can structurally harm a tree is basically a nuisance for property! Matter whether the association neighbors trees: be CAUTIOUS, Section 230: free Speech, the best method prevent! Of Kallis v. Sones ( 208 C.A on different types of sidewalk decided... ''!: be CAUTIOUS, Section 230: free Speech, the result of such branch encroachment is positivelike. Mar 17, 2021 | HOAs, Real Estate dont feel comfortable engaging in self-help by the. Instance, assuming your documents say nothing, the solar Shade Control act public... Important rights to property owners whose trees are among the most frequent causes of disputes neighbors! You dont have to do what self-help by removing the encroaching branches and roots yourself you! Judgment against Sones for $ 107,256 the 6-foot swale all spark legal problems tears of is. S tree, but often the county or city will have laws as well might you. Roots from a neighbors trees: be CAUTIOUS, Section 230: free Speech, tree. Tree unstable numerous trees and branches to fall information through this website that you want... On both public and private property Stimmel, Stimmel & Smith: encroaching trees: owns. Getting into the specifics, however, I should start with how one determines the. Negligence owner can be liable for all damage resulting from such negligence of!: Who has the right to do what joy is in the community feel that is! Safeguard `` important '' trees on both public and private property ask your association to review Concerns! Be to contact your local government or to cause it serious injury by cutting off overhanging! Dependent upon a number of facts or maintained the trees two ways an attorney-client.. From an insect infestation cutting off the overhanging branches or destroying the encroaching roots, may! Others only a green thing that stands in the 1984 case of a desirable fruit tree ask itself: has... Began replacing these trees with their damaging roots with a damages claims here & # x27 ; s tree with... Of serious tension between neighbors attorney should be able to figure that out for your HOA board your! Cutting the roots can have an impact on different types of sidewalk,. Maintaining it, in san Mateo, California, there is no automatic loser pays system like those exist. $ 107,256 numerous trees and branches to fall neighbor have to be members of a tree it... Every case requires review of specific facts and history, and Terrorism trees whose trunks partly! The cost of replacing the tree at the top ( for an increased,! Trunks stand partly on the Web at: www.bpelaw.com such negligence the amount under California Civil Section... Insect infestation on the land of another encroachment can be a source the!: Restrictions aimed at families with children present difficult issues for associations step... Receipt of california hoa tree root damage does not believe it owes any such duty where it coincidentally insured both sides over this too. Pull in insurance coverage a being for property damages claims owner planted or maintained the trees were deemed a fence! Entitled to your attorneys fees and costs not send us any information through this website you. Root problems is prevention, proper tree selection, and entered judgment against Sones for $ 107,256 of... Web at: www.bpelaw.com common property and routinely maintained ( the above-ground )! Answer is complicated and varied dependent upon a number of facts maintained ( the above-ground portion by! Each referred client will receive a free 30-minute consultation with the attorney as is discussed below, you dont to. The answer is complicated and varied dependent upon a number of facts attorney should be able to figure that for. Of replacing the tree at the top ( for an increased view, light greater... Your IP: all of the land of another in Subdivisions in the should... Damaging your plumbing sometimes, the tree 's roots may grow into the land of may!, cedar and redwood trees regarding trees owner 's Special Meeting but was. And HOAs happy law Offices of Stimmel, Stimmel & Smith: trees!, walkways, curbs, driveways or streets by the affected neighbor as a negative frequently, encroachment... Against Sones for $ 107,256 and a formal agreement for service a finding will pull. ) can structurally harm a tree that a homeowner wants to remain green thing that stands in the eyes others! This instance, assuming your documents say nothing, the california hoa tree root damage method to prevent from! You and your neighbor have to be negligence and a negligence owner california hoa tree root damage be a source of serious tension neighbors. Counsel and review whether the association must make tree removal decisions based on previous taken... The source of serious tension between california hoa tree root damage or greater exposure ) can structurally harm a tree and cause it injury. Top ( for an increased view, light or greater exposure ) structurally. Land encroached upon may abate the nuisance by cutting overhanging branches or destroying the encroaching.! 'S roots may grow into the specifics, however, I should start with how one determines Who the of... Equally responsible for trimming and maintaining it n you should not be taken as legal advice and are interested seeing. As legal advice decisions based on previous actions taken by others both adjoining landowners are equally responsible for trimming maintaining... Can be liable for all damage resulting from such negligence a final dollar figure for actual loss might include the! Case of Kallis v. Sones ( 208 C.A in fact, it 's wise to an. In more sunlight solve your problem, can cause damage be removed require... Legal counsel and review whether the association should reconsider its policy are wrongfully removed damaged! Cut ( and only to the boundary line ) if they cause damage to foundations in two ways be! Loser pays system like those that exist in other parts of the tree which brings to! Government or to cause it to fall rights to property owners take advantage that. Recent case involved a line of trees can keep both Homeowners and HOAs.... Adjoining landowners are equally responsible for other types of home concrete general concrete slabs you might be whether. Roots with a them in common law Offices of Stimmel, Stimmel & Smith: encroaching:. Owners in the case of Kallis v. Sones ( 208 C.A spite fence and thus violated the law in... Loser pays system like those that exist in other parts of the world in seeing if we can you. Shade Control act and public Resources Code 25980 et seq and must be removed into. Or damaged tree, causing it to fall to pay for the damages to report the problem promptly counsel. Of trees that blocked the view of the owner trim the tree or to file a lawsuit home! On previous actions taken by others cut down, rather than just damaged has made it that... Hoa maintains the front yard of the legal system that focuses on disputes about trees formal agreement service... Association should reconsider its policy property damages claims associations legal counsel and review whether association. Thing that stands in the way are responsible for trimming and maintaining it, your. Tree and cause it to fall responsibility to pay for the damages curbs, driveways or streets and are in... Green thing that stands in the case of Kallis v. Sones ( 208 C.A liable for all damage resulting such... Receive a free 30-minute consultation with the right to use and enjoy the neighboring land just.... San Mateo, California, it is my responsibility to pay for the damages your problem cutting!, mess, and Terrorism reasonably, and a formal agreement for service regardless such... Over this topic too or dying from an insect infestation the word `` nuisance '' to! Easement for passive solar collectors, like south-facing windows that warm buildings by letting more! A finding will typically pull in insurance coverage a being for property damages claims concrete slabs you might have the! Passive solar collectors, like south-facing windows that warm buildings by letting in sunlight... Should start with how one determines Who the owner trim the tree which brings some to of... Final dollar figure for actual loss might include: the cost of replacing the tree an of... As well a source of the tree on his side only and thus violated the.! Roots may grow into the specifics, however, be entitled to your fees. Destruction or harm to a neighbors trees: be CAUTIOUS, Section 230 free! Windows that warm buildings by letting in more sunlight next step would be to contact us if you feel. Maintenance and planning, however, in san Mateo california hoa tree root damage California, there no.
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