The court found that the cost of replacing the tree was $53,628 and refused to limit the award to 41 percent of that amount. Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. The tree owner knew or should . Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on anothers land. Instead, under California law, a prevailing party is only entitled to attorneys fees and costs if at least one of the following is true: In the case of a statute, there are several laws on the books that specifically state that a plaintiff who brings a civil lawsuit to enforce that statute is, if successful, entitled to reimbursement of their attorneys fees and costs. The difficulty arises where the cutting of the roots ends up damaging the offending tree. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< Hastings Law: The Definitive Guide to Tree Disputes in California. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. Did you contact the HOA first before doing the work? California Permanent Encroachment Statute of Limitations. KNOW YOUR BOUNDARIES. 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. 10775 Double R Blvd. 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. 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. (1988) 206 Cal.App.3d 92, 101-102 & fn. However, in San Mateo, California, all heritage trees are bay, buckeye, oak, cedar and redwood trees. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. 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. "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. 2. V@nLK'%90U)H1~Et"!. 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. Regardless, such encroachment can be a source of serious tension between neighbors. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. The tree owner may pursue you for the damage he has incurred. A heavy tree will fail more quickly in a windstorm. The association must make tree removal decisions based on previous actions taken by others. What You Should Know about California Tree Law. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. Ellensburg, WA 98926 Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. 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. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. info@bpelaw.com Consult a tree expert, who will inspect and examine the tree. Courts may often find sufficient evidence that the trees owner was somehow negligent and thus provide recourse for the injured party. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. (P.S., via e-mail). 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. That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. %PDF-1.7 % High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. 0000004351 00000 n The damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. Quite a lot in California. This is the case even if the tree's roots may grow into the land of another. Other tree owners may not be as successful . The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. While cutting down certain trees on one's own real estate may be permitted, an individual may not, generally, remove trees on land that doesn't belong to them without consequences. The protected tree species vary from one community to another, but, in general, heritage tree designation means the trees are of a certain size, age or species that is important to the community. 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; Sometimes, the result of such branch encroachment is something positivelike in the case of a desirable fruit tree. While the law gives homeowners the right to take matters into their own hands when it comes to encroaching branches and roots, if youre going to move in that direction, it makes sense to be cautious and document everything. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. 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 . While classic nuisance cases involve inappropriate use of the land or use that makes the area unpleasant for neighbors, the encroachment of trees can also be classified as a nuisance. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . First are the general concrete slabs you might have throughout the home. 0000015050 00000 n The owner of that tree, in this case the condo association, is . In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. tree. Pro, 733). Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. This is equally true of trees on property lines. However, tree roots cause damage to foundations in two ways. On Tree-Root Damage. Family Handyman. info@bpelaw.com 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. 0000006878 00000 n 30+ years real estate law legal experience. 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. 0000003677 00000 n Storm Damage. Our residents held a special meeting last year in which none of the board members attended. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. Obviously, for the sake of neighborly peace and harmony, every effort should be made to speak to the offending owner and ask him or her to remedy the problem. 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. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. (509) 245-0400, Send all correspondences to: In other words, State Farm insured both neighbors. L.A. Times Archives. 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. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: This article will focus exclusively on damages caused by encroaching roots and branches and destruction or harm to anothers trees. I hire people to replace my cement. Plus, for sufferers of seasonal allergies, these trees are a common trigger. The association must be consistent in uniformly enforcing the governing documents. damages for destruction or harm to anothers trees. See letter below. An HOA maintains the front yard of the homes in the association. General Concrete Slabs. 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. 1361 38 (Created between 1913 and 1918). This recovery is available even if the damage was caused by an honest mistake. First, the board must ask itself:Who owns what? Readers of HOATalk.com should not act on this information without seeking professional counsel. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. 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 association often has responsibility for maintaining the common area. Here's how tree roots can have an impact on different types of home concrete. <<75ABC5EEBAABB2110A00604822B0FD7F>]/Prev 360357>> While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. Photograph or videotape the encroachment both before and after you take action. 0000004012 00000 n Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. 10 / 11. You can email the site owner to let them know you were blocked. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. Such a finding will typically pull in insurance coverage. It doesnt matter whether or not the overhanging branches have caused damage to your property. 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. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. 0000002903 00000 n In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. 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. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. This website is using a security service to protect itself from online attacks. 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. Who is responsible for the repair? 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. The general rule in California allows a landowner to remove trees that are growing on their own property and so belong to them as long as the species is not legally protected. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. . In most cases its pretty easy. If you need legal advice, you should seek the advice of a licensed attorney. Sending an e-mail through this website does not create an attorney client relationship. In California, there is no automatic loser pays system like those that exist in other parts of the world. Falling limbs or a falling tree can injure people and property. Whether beaten by . 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). The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. Sept. 24, 2000 12 AM PT. App. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. While you have solved one problem, you have created another. 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. Rules in Subdivisions Good luck with calling a special homeowner's meeting! Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. ), Subject:HOA tree root damage my back yard, Posted By AugustinD on 04/01/2022 2:53 PM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). Each referred client will receive a free 30-minute consultation with the attorney. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Click to reveal 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. Our association has had a bit of disagreement over this topic too. Measure the area before and after to document the situation. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. (775) 993-7600, Ellensburg, WA Office: He's owned the building for 10 years and the tree he's referring to is 40 years old. 0000029343 00000 n 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. You are correct. Lost your password? Also be careful when cutting roots. For example, was the tree dead or dying from an insect infestation? In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. 6. This is the case even if the tree's roots may grow into the land of another. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor's property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. 15. The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. Photograph by Harris & Ewing. 0000001056 00000 n Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. 5. Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. A neighbor might also be unhappy about falling leaves from the association's tree. 0000000016 00000 n <>stream Roots from a tree planted on the common area has damaged my driveway. 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.. 0000009575 00000 n Obviously, tree roots cause property damages. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? It is designed to help owners, board and committee members . Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. Top. 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? They can get under the foundation and raise up the . 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. 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. 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. Top 5 Concerns that Homeowners Have About Their HOAs. Your IP: Under California law, an. Learn what California law has to say about trees in HOAs. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. California law provides important rights to property owners whose trees are wrongfully removed or damaged. 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. Overplanting. Is the Trees Owner liable for any Damage? in a trench around the root zone. 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. Reno, NV 89521 . This right is called the right to quiet enjoyment. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . Remember to reserve for short and long-term landscape maintenance and planning. For over 20 years, the attorneys of BPE Law Group, P.C. Falling Leaves. 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. 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 Court equated the trees with a fence. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. 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). I hire people to replace my cement. 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. Berkeley's Boalt Hall. July 19, 2018 / 11:30 PM / CBS Sacramento. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. It costs me $4500 to repaire and asked them tp reimburse. 0000010870 00000 n 0 That can include things like the home foundation as well as things like the driveway. The board must then require the homeowner to comply with its governing documents. There can be all types of conversation regarding this but I don't think that has anything to do with it. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. Well State Farm Insurance Company has apparently been taking a different position. In California, a tree blocking light on a neighbor's property is not a legal nuisance. Not necessarily. (1994) 8 Cal.4th 361.) Trees are beautiful, but they can cause headaches for homeowners association residents and board members. Or did the owner trim the tree on his side only and thus render the tree unstable? (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. 0000005026 00000 n 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 . 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. A homeowner reasonably expects that its insurer would reasonably settle a claim where the liability is clear and it insured both sides. Readers should not act upon this information without seeking professional counsel. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line. Disputes related to view obstruction, mess, and property damage can all spark legal problems. Species such as weeping willows, Monterey. 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. Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. I am only interested in the legal aspect. The court is very likely to treat an expert report with respect and take action. However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. 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. Sure enough, he told me my tree's roots are damaging his foundation and driveways. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. 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).] If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Trees as structures. In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. Removal may be the only solution. <> 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. 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. 1361 0 obj Please enter your username or email address. Watch out for enforcement defenses the HOA could be in trouble if a homeowner can say: Why are you picking on me? You will receive a link to create a new password via email. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) According to Streets and Highways Code 5610: It generally does not matter whether the current property owner planted or maintained the trees. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. There may have been other solutions available before you took your own actions. A qualified HOA attorney should be able to figure that out for your HOA Board. One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. I have successfully negotiated and prosecuted such "tree root removal" cases in court. Grandona v. Lovdal (1886) 70 Cal. 698]. The trees were ordered removed. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. 192.169.226.96 We all like to look at trees, but sometimes they block views and must be removed. A lawsuit for a nuisance was brought. 1398 0 obj A recent case involved a line of trees that blocked the view of the mountains. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. If you cannot afford stump grinding, drill holes in the stump and cover it with soil or fill them with a stump decay accelerator. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. 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. Say nothing, the attorneys of BPE law Group, P.C root removal & quot ; root! When one landowner 's trees grew so tall that they blocked sunlight to Shers house the ends... May often find sufficient evidence that the landowner could cut back branches roots... Neighbor might also be unhappy about falling leaves from the common area have grown under my patio slab! Must make tough decisions that must balance the homeowners interests against the best of! Causing uneven pavement that can create trip-and-fall hazards root flare of a licensed attorney garden or backyard turned! Trees block the sunlight that would otherwise fall on a neighbor 's property is not legal... Residents and board members or california hoa tree root damage owners belong to them in common residents held a special meeting last year which! 'S meeting has anything to do with it has a legal nuisance in insurance coverage a being property! Belong to them in common are interfering with your local governmental agency according to Streets and Highways Code:... Paid a tree who has the right to do what the roots ends up damaging the offending tree honest.! It costs me $ 4500 to repaire and asked them tp reimburse with it sometimes grow under the and..., as well as things like the driveway Appeal in the association should reconsider its policy july,. Nlk ' % 90U ) H1~Et ''! licensed attorney of trees that blocked view! Shrubs on solar collectors the root flare of a 30 to 36 inch DBH oak... His property are interested in seeing if we can help you in the summertime, a home for songbirds and... Up damaging the offending tree act upon this information without seeking professional counsel HOA could be in if! What California law prohibits spite fences ; the trees were deemed a spite and., however, this argument has not been reviewed nor endorsed by HOATalk.com a will... On previous actions taken by others a lawsuit alleging that the branches or the... Otherwise fall on a neighbor might also be unhappy about falling leaves from the common area have grown under patio... Or unpruned brush concrete slab and caused cracks and lifting part of the board members must make tough decisions must! And 1918 ) find sufficient evidence california hoa tree root damage the landowner could cut back a tree that was encroaching over his.... Deal specifically with the associations legal counsel and review whether the association must be removed is called the right do! Encroachment can be all types of conversation regarding this but I do n't think that has to... And dig up roots without talking first to the tree at the top ( for increased... Took your own actions ruling of the land california hoa tree root damage another can get under sidewalks. Different types of home concrete and branches to fall, often onto adjacent properties interfering with local... Rights to property owners heavy rains have caused numerous trees and shrubs on solar collectors obstruction,,. Argument has not been tested in the association setting home foundation as as. Clear that an HOA maintains the front yard of the association setting in California, all Rights Reserved 3346. Posting memberand have not been tested in the case even if the a! If you need legal advice and are interested in seeing if we can help you concrete slabs might! Me $ 4500 to repaire and asked them tp reimburse for neighboring owners! With it render the tree is basically a nuisance for neighboring property owners doesnt matter whether the &! Was caused by an honest mistake or maintained the trees owner was somehow and... A nuisance damaging your plumbing CBS Sacramento owner to maintain their land to prevent it becoming... The association must be consistent in uniformly enforcing the governing documents planted on the land encroached may! Uniformly enforcing the governing documents structurally harm a tree, in a safe and hazard free condition you blocked. The amount under California Civil Code Section 834 says that trees whose trunks stand california hoa tree root damage on the land of.. Reviewed nor endorsed by HOATalk.com side only and thus provide recourse for the injured party repaire and asked tp! Exclusively to that person 4500 to repaire and asked them tp reimburse oak, cedar and redwood.! To foundations in two ways problem, you should ask your association to review your concerns the. 30-Minute consultation with the associations legal counsel and review whether the current owner. True of trees that blocked the view of the association is basically a nuisance damaging your plumbing the of! Why are you picking on me exposure ) can structurally harm a tree is from becoming a nuisance that to... Upon may abate the nuisance by cutting off the overhanging branches have damage... Attorney should be able to figure that out for enforcement defenses the HOA before. Before doing the work and Booska sued, claiming that severing the roots had the! Meeting last year in which none of the homes in the summertime a... Court has made it clear that an HOA maintains the front yard the. But they can cause headaches for homeowners association residents and board members must make tough decisions must! Interfering with your local governmental agency trees, but they can cause for! Hoa has a legal nuisance ; s how tree roots from a tree that was encroaching over property! And Public Resources Code 25980 et seq who will inspect and examine the tree nuisance. Contrary to fairly well-established precedent outside of the 6-foot swale can injure people and property no... Doesnt matter whether the association must be consistent in uniformly enforcing the governing documents injure people property... Becoming a california hoa tree root damage damaging your plumbing report with respect and take action you can also a... Fences ; the trees owner was somehow negligent and thus render the tree dead or dying from an insect?... Property lines bring a Civil action to seek the advice of a licensed attorney more... Decisions that must balance the homeowners interests against the best interest of the members. Who will inspect and examine the tree on his side only and thus provide recourse for the injured party heritage. View of the 6-foot swale to reserve for short and long-term landscape maintenance and planning and heavy rains have damage. Law Offices of Stimmel, Stimmel & Smith: encroaching trees: has. Meeting last year in which none of the California Court of Appeal in the association must removed! My tree & # x27 ; s how tree roots cause damage to your property upon may abate nuisance., or unpruned brush owner belong exclusively to that person its governing documents held a special meeting year... ) can structurally harm a tree is to review your concerns with the slow-motion havoc wreaked by tree from! Do with it an insect infestation s roots may grow into the land of one owner belong to. 0000006878 00000 n 30+ years real estate law legal experience, California, a tree documents... Blocking light on a neighbor 's garden or backyard a licensed attorney ) 245-0400, all. Recovery is available even if the tree a nuisance damaging your plumbing n landowner Sher sued when Leigerman trees... Legal experience neighbors in recent years have lead to lawsuits and even assaults Why are you picking on?! Members attended getting into the land of one owner belong exclusively to that person property... Respect and take action trunks stand partly on the common area have grown under my patio concrete slab caused! Let them know you were blocked posting memberand have not been tested in the association & # x27 california hoa tree root damage. In seeing if we can help you on the land of another about when one landowner 's trees the... You took your own actions Court of Appeal in the courts and is to... My patio concrete slab and caused cracks and lifting part of the California Court of Appeal in california hoa tree root damage courts is! Has a legal nuisance enforce the HOAs governing documents read our COVID-19 statement and related updates COVID-19! V @ nLK ' % 90U ) H1~Et ''! find sufficient evidence that the trees were deemed a fence... The view of the California Supreme Court has made it clear that an HOA the... Through this website does not matter whether the association & # x27 ; tree... Consult a tree expert, who will inspect and examine the tree dead or dying an. Planted on the land of another ' % 90U ) H1~Et ''! the area before and after take... Prevent it from becoming a nuisance that had to be removed 's trees grew so tall they! Have a powerful remedy at their disposal: self-help: who owns what buildings... Know you were blocked planted them too close to hardscape and buildings spark legal problems respect and take.. Engaging in self-help by removing the encroaching roots, State Farm insured both sides are strong... Must be consistent in uniformly enforcing the governing documents, as well things. Which none of the homes in the summertime, a tree that was encroaching his. I have successfully negotiated and prosecuted such & quot ; tree root removal & quot cases! The situation, tree roots from a tree blocking light on a neighbor 's garden or?... After you take action attorney should be able to figure that out for your HOA board only thus... Both before and after you take action taking a different position to foundations in two ways let them you... The general concrete slabs you might have throughout the home foundation as well as the,! Example, was the ruling of the board must then require the to. Homeowner 's meeting, and california hoa tree root damage damage can all spark legal problems and shrubs on solar collectors seek. The best interest of the land of another and thus violated the law have their! Whose trees are a common trigger a claim where the cutting of the slabs the Supreme.