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 on the land of an adjoining landowner causing damage could be held to be a nuisance and result in damages against the landowner on which the tree was located. A landowner is generally held to the duty of common prudence in maintaining trees on his or her property in such a way as to prevent injury to his or her neighbor's property. Encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. In such a case, the owner of the tree may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. Real damage must be shown to result from the encroaching tree.
If the tree owner allows the tree to grow so that it uproots a patio, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to remove the offending tree. However, a person who claims damages as a result of another's negligence or breach of contract has a duty under the law to "mitigate" those damages, so that they must take advantage of any reasonable opportunity under the circumstances to reduce or minimize the loss or damage. It would be a matter of subjective determination for the court, based on all the facts involved, such as the rate of the root growth, etc., whether there was an unreasonable delay in noifying you of the damage. For example, if the root damage was apparent for many months or years, a failir eto mitigate is more likely to be found than several months or less.
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.
