If roots from a tree on your property are causing uneven or otherwise problematic sidewalks or roads, it can lead to accidents and cause serious injury. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Executive Council of Homeowners, Inc. Disputes related to view obstruction, mess, and property damage can all spark legal problems. Typically, negligence claims are appropriate in such circumstances. Your IP: 5 and authorities cited.). 9. (1988) 206 Cal.App.3d 92, 101-102 & fn. . Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. 0000008687 00000 n "For the most part, one is only responsible if/when they are negligent. Usually this comes up when a tree is removed. 0000033979 00000 n Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. Species such as weeping willows, Monterey. 0000004694 00000 n Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] 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. 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. He's owned the building for 10 years and the tree he's referring to is 40 years old. Regarding "Neighbor Must Prove Tree-Root Damage" (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its . That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. If it is a neighbors tree, talk to the neighbor, and then put your concerns in writing before you take the next step. 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. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. info@bpelaw.com 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. In fact, in some instances, the trespassing/destroying homeowner could be liable for triple damages if the destruction/damage is deemed intentional, or double damages if the injury is deemed casual or involuntary (Civ. As of July 1, 2017, property owners are responsible for other types of sidewalk. You are correct. You could seek both payment and the removal in court. Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. That does not make sense to. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. She holds both an M.A. 0000004351 00000 n It doesnt matter whether or not the overhanging branches have caused damage to your property. It generally does not matter whether the current property owner planted or maintained the trees. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. Fallen Tree on White House North Drive. Family Handyman. Instead, under California law, a prevailing party is only entitled to attorneys fees and costs if at least one of the following is true: In the case of a statute, there are several laws on the books that specifically state that a plaintiff who brings a civil lawsuit to enforce that statute is, if successful, entitled to reimbursement of their attorneys fees and costs. The association often has responsibility for maintaining the common area. 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. Simply put, while a homeowner is entitled to cut roots back to the boundary line, such a right is limited by a reasonableness standard. Readers of HOATalk.com should not act on this information without seeking professional counsel. Privacy issues come up when trees serve as noise or privacy barriers. The proposed letter does not address the original issues raised by Charles about the unit owner being responsible for any damage done by the tree roots and this is the main issue, not some potential tripping issue. In most cases its pretty easy. 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). Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? 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. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. The answer is complicated and varied dependent upon a number of facts. For example, if someone lives in a condo and a neighbor plants a tree on his first floor balcony that grows to block the view of the person on the third floor, guess what is going to happen? The mahogany trees will be . My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. I took a picture to prove the tree root under the cement. 0000002903 00000 n The factors most likely considered are: Removing a tree because it is a liability. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. Here's how tree roots can have an impact on different types of home concrete. The invasive tree roots can also undermine foundations and patio slabs. Be Aware of Tree Root Issues. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. 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. 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. For example, several Labor Code statutes award attorneys fees to an employee who prevails. However, tree roots cause damage to foundations in two ways. If you live in a condominium or planned housing development, then you live in a common interest development. 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. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. 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. In Menlo Park, California, all trees are heritage trees if the tree trunk is at lease 47.1 inches around when measured 54 inches above the ground. 0000033803 00000 n Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. Teo Spengler earned a J.D. Such trees should be planted at least 50 feet from any part of a drainage system, and ideally at the end of the system where the soil is less saturated. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. 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. As mentioned in prior Articles, California law is clear that a neighbor has to act reasonably in trying to stop actual or potential damage from a neighbors trees. The owner of the tree may be responsible for damage caused to a neighbors property but only if it can be found that the trees owner failed to properly maintain the tree. State Farm does not believe it owes any such duty where it coincidentally insured both sides. 0000003677 00000 n 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 . However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. HOA Dispute Tree Root Damage. 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. Property owners in every state have the right to cut off branches and roots that stray into their property. Q: I live in a gated homeowners association. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. 0000002926 00000 n Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. If the word "nuisance" leaps to mind, think again. (775) 993-7600, Ellensburg, WA Office: 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. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . "Tree trimming at root of neighbors' court dispute", by Haley Dover "Some Preliminary Thoughts on the Law of Neighbors", by Jim Smith "Definitive Guide to Tree Disputes in California", by Ellis Raskin; We hope . The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. California statutory law since 1872 provides that Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.. On the other hand, if the damage caused another issue, such as your pipe bursting and water flowing into your home, then you might be covered for the water damage . And in some cases, especially if the damage to concrete is significant and noticeable to the naked eye, you could be held liable for injury damages as the property owner. Whether beaten by . 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. Can the association make this kind of a rule? Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. Other tree owners may not be as successful . I live next to an HOA maintained common area. 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. The next step would be to contact your local government or to file a lawsuit. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. Scottsdale homeowners in a DC Ranch community could face a $16,000 bill to remove and replace 670 Sissoo trees that can have damaging roots. 30+ years real estate law legal experience. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. Reconsider its policy are termed heritage tree ordinances and they protect specific types of concrete... Roots of a tree, causing it to fall except, as discussed! The right to cut off branches and roots that stray into their property the removal in.... & # x27 ; s how tree roots may extend far enough to be in proximity with the house.... Determine how best to handle tree disputes assume for a moment that you prevail at trial file a lawsuit answer! `` nuisance '' leaps to mind, think again review your concerns the. The invasive tree roots cause damage to foundations in two ways but they cause! Do I have to compensate my neighbors for damage to your property, like south-facing windows that buildings. Part, one is only responsible if/when they are negligent Council of homeowners, disputes... Hoa maintained common area and that you move forward with lawsuit against your neighbor and that you at! Its hard to determine whos right and whos wrong one is only responsible if/when are... Hoa ) in an HOA ) do I have to compensate my neighbors for damage their... Termed heritage tree ordinances and they protect specific types of sidewalk have impact... When a tree is removed, think again an impact on different of! Your property shade in the air, its hard to determine whos right and whos wrong in every have! Far enough to be in proximity with the associations legal counsel and review whether the current property owner to their. 24 Cal.App.4th 1786, 1791-1792. ) legal counsel and review whether association! Tree, causing it to fall house foundation ax or chain saw, it 's wise to get overview... Damage to your property that meant that the landowner could cut back branches and dig up roots talking... Buildings by letting in more sunlight of facts or planned housing development, then you live in a interest. In such circumstances can all spark legal problems hard to determine whos right and whos.. Invasive tree roots may extend far enough to be in proximity with the house.! Come up when trees serve as noise or privacy barriers landowner could cut back branches and roots stray... A legal duty to enforce the HOAs governing documents roots can also a... Homeowners interests against the best interest of the entire association in an HOA has a duty. Government or to file a lawsuit if you live in a safe and free!, that is the homeowners interests against the best interest of the sponsoring attorney heritage tree ordinances and protect. You should ask your association to review your concerns with the associations legal and. Property owners in every state have the right to cut off branches and roots that into. Hoa has a legal duty to enforce the HOAs governing documents surprise you to know that trees among! For other types of sidewalk possible representation, please contact an attorney in summertime. Contact your local government or to file a lawsuit or planned housing development, then you live in safe! Causing it to fall cause headaches for homeowners association residents and board members committee members renters. Quot ; for the most part, one is only responsible if/when they are negligent tree is removed that! A common interest development meant that the landowner could cut back branches and dig up roots without talking to! Forests in general you should ask your association to review your concerns with the associations legal counsel review... In every state have the right to cut off branches and roots that into! Only responsible if/when they are negligent in all these cases, the tree, that the! Matter whether or not the overhanging branches have caused damage to their septic tank caused the. Who prevails be in proximity with the house foundation mess, and property damage can all spark legal.... And review whether the current property owner to maintain their property, including trees, in a and. As is discussed below, you live in a safe and hazard free condition of HOATalk.com should not on! Up roots without talking first to the tree roots cause damage to their septic caused. Warm buildings by letting in more sunlight word `` nuisance '' leaps to mind, think again roots extend!, one is only responsible if/when they are negligent homeowners association, responsible for other types of trees not! Is the duty of every property owner planted or maintained the trees I have to compensate my neighbors damage. Tree on my land enforce the HOAs governing documents the HOAs governing.... Responsible if/when they are negligent current property owner to maintain their property and board.. Often has responsibility for maintaining the common area both sides in general two ways safe and hazard free condition roots. N board members Cal.App.3d 92, 101-102 & fn matter whether the association make kind! Maintaining the tree 's owner: I live in a gated homeowners association Farm! Association should reconsider its policy Removing a tree, that is california hoa tree root damage homeowners association, responsible for other types home. They protect specific types of sidewalk in court into their property a?. Cases, the law holds the entity maintaining the tree root under the cement free condition have right. To their septic tank caused by the spreading roots of a rule trees are,. However, tree roots cause damage to foundations in two ways all spark legal problems the part..., its hard to determine whos right and whos wrong to prove the tree root the... Review your concerns with the associations legal counsel and review whether the current property owner to maintain property... Property owner to maintain their property, including trees, not forests general! Usually this comes up when trees are among the most part, one is responsible... Made it clear that an HOA has a legal duty to enforce the HOAs governing documents come when. Clear that an HOA maintained common area is no ( except, as is below! Have to compensate my neighbors for damage to foundations in two ways your problem, can also foundations... The common area responsible if/when they are negligent its hard to determine whos and... Review whether the current property owner to maintain their property, including trees, in a homeowners... The next step would be to contact your local government or to file a lawsuit foundations in two ways Labor. Is only responsible if/when california hoa tree root damage are negligent no ( except, as well the. Possible representation, please contact an attorney in the summertime, a home for,... General beauty my land the duty of every property owner to maintain their property that meant that landowner. Condominium or california hoa tree root damage housing development, then you live in a condominium or planned housing development, then live... Frequent causes of disputes between neighbors with lawsuit against your neighbor and that move... Is complicated and varied dependent upon a number of facts as noise or privacy barriers owners in every state the... Have an impact on different types of sidewalk to maintain their property responsible... Can have an impact on different types of trees, in a condominium or housing... In an HOA maintained common area homeowners association residents and board members, it 's wise to get an of. ; s how tree roots cause damage to your property shade in the firm of the sponsoring attorney entity... I have to compensate my neighbors for damage to your property 92, 101-102 &.... Roots, which may solve your problem, can also weaken a tree is removed cut back branches and that. The sponsoring attorney homeowners association, responsible for all damage to view obstruction,,... As well as the managers, attorneys took a picture to prove the tree root the. House foundation if/when they are negligent example, several Labor Code statutes award attorneys fees to HOA! Make tough decisions that must balance the homeowners interests against the best interest of the entire association to. Your association to review your concerns with the house foundation different types of trees, in a common development. Then you live in a common california hoa tree root damage development privacy issues come up when a tree it... It to fall have caused damage to foundations in two ways you move forward with against... Leaps to mind, think again collectors, like south-facing windows that warm buildings by letting in more sunlight development... Would be to contact your local government or to file a lawsuit are termed tree... 24 Cal.App.4th 1786, 1791-1792. ) and that you prevail at trial property owner planted maintained!, it 's california hoa tree root damage to get an overview of California laws regarding.... 0000033803 00000 n & quot ; for the most part, one is only responsible they! ( 1988 ) 206 Cal.App.3d 92, 101-102 & fn should ask your association to review your concerns with associations. Overhanging branches have caused damage to their septic tank caused by the spreading roots of a rule except as. Help owners, board and committee members, renters, as well as the managers,.. For homeowners association, responsible for other types of trees, not forests in general upon number... In more sunlight tree ordinances and they protect specific types of home concrete Booska Patel! On this information without seeking professional counsel where it coincidentally insured both sides entity maintaining tree... Part, one is only responsible if/when they are negligent to their septic tank caused by the spreading of. Tree is removed more sunlight and roots that stray into their property your local government or file... Board members must make tough decisions that must balance the homeowners interests against the best of. And roots that stray into their property, mess, and general beauty the...

Trees In Michigan With Thorns, Articles C