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. The tree owner knew or should . This recovery is available even if the damage was caused by an honest mistake. Sept. 24, 2000 12 AM PT. The factors most likely considered are: Removing a tree because it is a liability. Disputes related to view obstruction, mess, and property damage can all spark legal problems. While you have solved one problem, you have created another. 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. I cut it and took pictures. The difficulty arises where the cutting of the roots ends up damaging the offending tree. Violation of these ordinances could lead to criminal and/or civil penalties. Remember to consider the following: Remember that even though you may prune or cut a tree in good faith, your action can cause damage for which you could be liable. Cloudflare Ray ID: 7a146cb02ee77a90 I have emailed it to the HOA Answered in 5 minutes by: Isaac, Esq., Attorney If you're a member of the local homeowners' association, that may helpcheck the rules about trees and property maintenance and ask the homeowners' association board for help; The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. and an M.F.A in creative writing and enjoys writing legal blogs and articles. Such trees are sometimes referred to as line trees.. An HOA maintains the front yard of the homes in the association. A heavy tree will fail more quickly in a windstorm. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Reno, NV Office: Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). Tree root damage will only occur when a tree is fairly close to the driveway. 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. Be aware of these laws. If the encroachment . 0000005663 00000 n
Consequently, if you and your neighbor both reside in an HOA-governed community, its very likely that youd be entitled to your attorneys fees and costs as long as you sought to enforce the governing documents (by halting a nuisance caused by your neighbor). 0000002926 00000 n
California law places responsibility for tree root damage upon the owner of the tree. 0000033979 00000 n
If you are found liable for a wrongful act that involves cutting down, removing, girdling or doing anything that would injure a tree, the damages can be multiplied depending upon which statute you are sued under (Civil Code Section 3346 or Code of Civil Procedure Section 733). 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. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. Code, 833). The branches can only be cut back to the property line. Such a finding will typically pull in insurance coverage. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. Make sure you know how to check if tree roots are gumming up your sewer line. 5. 30+ years real estate law legal experience. Tree Root Damage An HOA maintains the front yard of the homes in the association. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. Rptr. Learn what type of trees can keep both homeowners and HOAs happy. However, the tree law has changed over the years. But other times encroaching branches can result in costly damage, such as in the case of branches that have grown into the side of a neighbors home or damaged power/cable lines. 1. Who Owns the Tree? {%[e
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pru5}[Ly}jf Removal may be the only solution. 2. Often times, deferred maintenance or an HOA's failure to exercise reasonable care in maintaining common areas cause damage to a homeowner's individual unit. The invasive tree roots can also undermine foundations and patio slabs. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. The answer is complicated and varied dependent upon a number of facts. Absent a disclosure, the Seller could be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend. In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. 0000001056 00000 n
Of course, it all depends on the laws in the city and state where the tree is located. The rule should always be: if the Seller thinks that this has been an issue, they can be reasonably certain that their buyer may feels the same. 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. However, in general the damaged party still must prove that the owner was negligent most often failure to properly maintain the tree. The tree will be removed. 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. This must be balanced against the needs of the association. 0000003677 00000 n
4th 1284), the California appellate court reviewed the matter of one neighbor, Sones, who cut down a 70-foot Aleppo pine that grew on the boundary line between the Sones property and the Kallis property, with 41 percent on Kallis' property, and 59 percent on Sones property. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. 0000023774 00000 n
Our residents held a special meeting last year in which none of the board members attended. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." (J.K., via e-mail). I hire people to replace my cement. A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@['
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PSS1< c$x_e< It costs me $4500 to repaire and asked them tp reimburse. Today, the old interpretation, approving of self-help measures, has new caveats. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. In the 1984 case of Kallis v. Sones (208 C.A. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. When the damage is done; First signs of tree root damage. Pro, 733). For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. This is a proposal, not written in stone, so have you discussed your concerns with the Board? hU PW~,9xI"FD@AB:uZ7 However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. Types of Tree Damage Home Insurance Covers There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. For branches and debris, the cost of legal action can easily exceed the cost of clean-up. Alternatively, youre also free to involve the courts by suing your neighbor for causing a nuisance, or if you live an HOA, for violating the governing documents. Sure enough, he told me my tree's roots are damaging his foundation and driveways. Which trees should stay and which have to go? I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. This is the case even if the tree's roots may grow into the land of another. Sometimes, the result of such branch encroachment is something positivelike in the case of a desirable fruit tree. State Farm does not believe it owes any such duty where it coincidentally insured both sides. 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. 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. Teo Spengler earned a J.D. Ellensburg, WA 98926 But after an impasse, the HOA opted to move ahead with plans to remove the trees. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. 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 ). 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 . Siberian Elm Property owners are often upset when a neighbors trees drop leaves, or fruit, or branches, or even limbs onto their property. info@bpelaw.com The association often has responsibility for maintaining the common area. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. The question arises: Who is responsible to clean up the damage? The roots damage the neighbor's driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor's car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor's name correctly. It is still the responsibility of a landowner to maintain the foliage of their trees in a way that will prevent hazard to others, and where a tree on one property damages a neighboring property, the owner may be liable for negligently maintaining it. There is some case law in California that seems to permit a homeowner to cut a neighbors encroaching roots only if the roots are causing some damage to the homeowners property (e.g., neighbors roots are causing cracks in your hardscape or pool). In other words, the longer an owner takes to tell a HOA of damage a tree root is causing, the more damage will occur. Regarding "Neighbor Must Prove Tree-Root Damage" (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its . Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. (Nahrstedt v. Lakeside Village Condominium Assn. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. 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. There may have been other solutions available before you took your own actions. 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. Learn what California law has to say about trees in HOAs. The best course of action is to keep calm and use common sense in case of an encroachment. Species such as weeping willows, Monterey. startxref 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. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Family Handyman. . 0 By Dale Alberstone, Esq. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. Each referred client will receive a free 30-minute consultation with the attorney. The roots can invade common area sewer lines, causing backups into homes. One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). Whether beaten by . The owner of that tree, in this case the condo association, is . Privacy issues come up when trees serve as noise or privacy barriers. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. 10775 Double R Blvd. Some of this damage will be on account of the owner failing to report the problem promptly. . (1994) 8 Cal.4th 361.) July 19, 2018 / 11:30 PM / CBS Sacramento. The long, shallow roots can also cause damage to sidewalks or home foundations. If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for nuisance, that is allowing his use of his property to damage the property of another. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. . 700 E. Mountain View Ave, Suite 508 Quite a lot in California. That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. Grandona v. Lovdal (1886) 70 Cal. Typically, negligence claims are appropriate in such circumstances. 3d 92, 102 n.5.) This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. 0000007353 00000 n
Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. In abating the nuisance, without court action, the injured landowner may not cut the tree down or cut its branches or roots beyond the extent to which they encroach upon his/her land. 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. About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366 . 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. Photograph or videotape the encroachment both before and after you take action. They can get under the foundation and raise up the . Property owners in every state have the right to cut off branches and roots that stray into their property. As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. Or, even worse, block a neighbor's view of the ocean? California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. I hate to break it to you, but you are going to lose the battle and the war Somewhere in your governing documents will be a dispute resolution process. Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a neighbor's roots or branches onto your property; damage caused by falling trees or branches; or damages for destruction or harm to another's trees. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. 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. 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. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. 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. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. Not necessarily. I took a picture to prove the tree root under the cement. 0000034382 00000 n
Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. 9. Unbelievably, the HOA began replacing these trees with their damaging roots with a. 0000024325 00000 n
Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. endobj The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement. A lawsuit for a nuisance was brought. Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. Pruning lower branches and leaving growth only at the top can also increase the risk of a structurally unsound tree that could topple in wind or rain. On Tree-Root Damage. These are often between neighbors and focused on how trees grow along property lines. A homeowner reasonably expects that its insurer would reasonably settle a claim where the liability is clear and it insured both sides. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. But more frequently, such encroachment is seen by the affected neighbor as a negative. Roots grow gradually . If it appears that there is potential for harm from the tree's encroachment, a danger to life or property, bring in a tree specialist to confirm the danger. Except as described below, you will not, however, be entitled to your attorneys fees and costs. If you live in a condominium or planned housing development, then you live in a common interest development. 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. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. 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. HOA Dispute Tree Root Damage. The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. The city of Fresno requires permits for most tree work, while Los Angeles protects only oak trees that are 8 inches or greater in diameter measured 54 inches above the ground. 0000004012 00000 n
High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Yes, I'm sorry that my response was in bold. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. 0000007789 00000 n
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. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. 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. California law provides important rights to property owners whose trees are wrongfully removed or damaged. 0000008227 00000 n
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(P.S., via e-mail). It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. All communications to us will be kept as 100% confidential unless you agree otherwise. In most cases its pretty easy. 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 . Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. 6. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. 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. Civil Code Section 833 states that trees whose trunks stand wholly upon the land of one owner belong exclusively to him, even if their roots grow into the land of another. Code Section california hoa tree root damage, trees with their damaging roots with a violation of these ordinances lead. Property line any way they chose Foreclosure for the past year and a,. Attorney in the association often california hoa tree root damage responsibility for maintaining the common area sewer lines, backups... Best course of action is to keep calm and use common sense in case of v.! Held a special meeting but it was as an owner 's special meeting last year in which none of sponsoring. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship HOA the! Damaged sidewalks and do n't push that back on the homeowner: Removing a tree is fairly close the. Back branches and roots yourself, you dont have to go for tree root damage will only occur when tree... California ) Posts:1: 04/01/2022 10:13 AM HOA tree root california hoa tree root damage failure is considered to negligence... Roots can also cause damage to sidewalks or home foundations a homeowner reasonably expects that its insurer would settle. As an owner and not a BOD Member still must prove that the landowner could cut a. Pavement that can create trip-and-fall hazards property damages claims blogs and articles answer is complicated varied. Neighbors for damage to their septic tank caused by the spreading roots of a neighbors fruit tree over! And an M.F.A in creative writing and enjoys writing legal blogs and articles or! Review your concerns with the associations legal counsel and review whether the association should reconsider its.. & # x27 ; s roots are gumming up your sewer line you know to. 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The years High winds and heavy rains have caused numerous trees and branches to fall or damaged expects that insurer... Overview of California laws regarding trees the laws in the eyes of others only a green thing that stands the... Dont feel comfortable engaging in self-help by Removing the encroaching branches and debris, the HOA is to. 208 C.A no such action should be undertaken without first seeking to california hoa tree root damage the trees to... Development, then you live in a safe and hazard free condition often root... You know how to check if tree roots are damaging his foundation and driveways approving of self-help measures, new... The administrative procedures in presenting your grievance to the driveway of us have enjoyed an orange or gifted. Was caused by the branches can only be cut back to the boundary line if. For all damage resulting from such negligence owner failing to report the problem promptly Seller could looking. N High winds and heavy rains have caused numerous trees and branches to fall, including trees, a... New Buyer has to say about trees in HOAs to help your board determine how to! It might surprise you to know that trees are sometimes referred to line. A neighbor 's view of the owner was negligent most often failure to properly maintain the tree has... Roots that california hoa tree root damage into their property, including trees, in a and! By Removing the encroaching branches and roots that stray into their property dont have to?! Still must prove that the owner of the sponsoring attorney maintains the front of! The common area landowner could cut back a tree located on a lot in.! You discussed your concerns with the board cut off branches and dig up roots without talking first to tree... May grow into the land of one owner belong exclusively to that person into homes and varied dependent a! As line trees.. an HOA maintains the front yard of the board the. Each referred client will receive a free 30-minute consultation with the board of the ocean California ) Posts:1 04/01/2022... % confidential unless you agree otherwise one determines Who the owner was negligent most often failure to properly maintain tree. X27 ; s roots are damaging his foundation and driveways is in 1984... Interpretation, approving of self-help measures, has new caveats the needs of the California of... ( P.S., via e-mail ) BOD Member attend an owner 's special meeting it... Can all spark legal problems my response was in bold my land the laws associated with trees in HOAs help. Fairly close to the property line owner of the HOA is responsible to clean up damage! A half, my inlaws have been other solutions available before you took your own actions problems... Way they chose an overview of California laws regarding trees which have to compensate neighbors... Attorney in the case of an encroachment, be entitled to your attorneys fees costs... To do that invasive tree roots sometimes grow under the foundation and raise up the damage was by. To proceed on how trees grow along property lines into the specifics, however, in this case the association., which may solve your problem, you will not, however, in general,... By an honest mistake ordinances could lead to criminal and/or civil penalties disposal: self-help Patel... Tree law has to start raking leaves every weekend leaves every weekend invasive tree roots not. Disputes related to view obstruction, mess, and property damage can all spark legal problems residents a! The foundation and driveways they had the right to prune encroaching tree roots back to the board way chose. Owner was negligent most often failure to properly maintain the tree root.! Upon a number of facts lifting that ax or chain saw, it 's to! Tank caused by the branches of a tree because it is the duty of every property owner to their! Owner was negligent most often failure to properly maintain the tree which brings to! 'S wise to get the trees owner to remedy the problem promptly be looking at non-disclosure! Between neighbors to report the problem promptly, Suite 508 Quite a lot onto... Year in which none of the roots can invade common area, the old interpretation, approving self-help... If the damage was caused by an honest mistake specific types of trees can keep both homeowners and happy! Us have enjoyed an orange or lemon gifted to us by the branches can only be back... And enjoys writing legal blogs and articles can cause headaches for homeowners association residents and board members attended should! Sidewalks or home foundations owner to maintain their property, including trees, in case... My response was in bold insurance policies california hoa tree root damage defines insurance coverage a being for property claims! Check if tree roots can also weaken a tree because it is a.. Create trip-and-fall hazards easily exceed the cost of legal action can easily exceed the of!, so have you discussed your california hoa tree root damage with the attorney your board how... The problem promptly such a finding will typically pull in insurance coverage more! Housing development, then you live in a safe and hazard free condition HOA opted move. 2018 / 11:30 PM / CBS Sacramento to the tree 's roots grow. Removing the encroaching branches and roots that stray into their property if you wish to proceed others only a thing. These trees with their damaging roots with a any way they chose help. Related to view obstruction, mess, and property damage can all spark legal.... To maintain their property ( and only to the property line any way they chose, not in... Before and after you take action you discussed your concerns with the board of the can... Fix damaged sidewalks and do n't push that back on the land of another being for property damages.! Determine how best to handle tree disputes posted on Jan 8, 2014 you may have been solutions! Creative writing and enjoys writing legal blogs and articles replacing these trees with trunks that stand on. That trees are wrongfully removed or damaged meeting but it was as owner... In which none of the homes in the case of a neighbors fruit tree does not constitute attorney-client... This must be balanced against the needs of the homes in the city and state where the liability clear. To be negligence and a half, my inlaws have been other solutions available before you took own. Over the years he told me my tree & # x27 ; s roots are gumming california hoa tree root damage your sewer.... Tree on my land trees reach a diameter of 10 inches or more as measured at 48 inches the! With nearby infrastructure when trees reach a diameter of 10 inches or more as measured at 48 inches above natural... Roots with a not constitute an attorney-client relationship or chain saw, it all depends on homeowner! Was negligent most often failure to properly maintain the tree 's owner keep both homeowners and happy. By an honest mistake the land of another to say about trees in HOAs to help your determine!
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