Full question:
My neighbor called me yesterday to inform me that the roots of a tree in my yard had lifted & cracked her patio slab. This morning I had our tree company inspect it and they will be removing the tree tomorrow. My neibhbor has already cut out the offending roots (some of which were at least 2' in diameter). My neighbor now wants me to pay to have her patio slab re-done. (In a side note, approx 3 months ago we jointly replaced the fence between our two yards and NOTHING was said to us about her patio - this is the first we have heard about it).We feel the neighbor should have either cut the roots out or at least told us about it prior to the roots causing damage.Because of these circumstances, are we legally liable to bear the cost of the repair of her patio slab?
- Category: Trees
- Date:
- State: California
Answer:
The encroachment of a tree's roots onto a neighbor's property can be considered a nuisance, which may lead to liability for damages. As a property owner, you have a duty to maintain your trees to prevent harm to neighboring properties. If tree roots cause actual damage, the owner of the tree may be held responsible and required to remove the tree.
However, the neighbor has a duty to mitigate damages. This means they should take reasonable steps to minimize their losses. If the damage from the roots was noticeable for an extended period, a court might find that the neighbor failed to mitigate by not addressing the issue sooner.
Ultimately, whether you are liable for the repair costs will depend on the specific circumstances, such as how long the root damage was apparent and the actions taken by both parties. It may be beneficial to consult with a legal professional for advice tailored to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.