Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. The court ruled that this was not an actionable nuisance and that Leiderman did not act with malice when he planted the trees 10 years earlier. 0000023774 00000 n Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. Siberian Elm Each referred client will receive a free 30-minute consultation with the attorney. 5. State Farm does not believe it owes any such duty where it coincidentally insured both sides. 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. 0000024325 00000 n Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. Grandona v. Lovdal (1886) 70 Cal. Is the Trees Owner liable for any Damage? Be aware of these laws. William Blake once wrote, Everybody does not see alike . Property owners in every state have the right to cut off branches and roots that stray into their property. 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. Previous Post. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. In other words, State Farm insured both neighbors. 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. Can the association make this kind of a rule? A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. Learn what type of trees can keep both homeowners and HOAs happy. 0000005026 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. 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. A lawsuit for a nuisance was brought. Make sure you know how to check if tree roots are gumming up your sewer line. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Simply put, while a homeowner is entitled to cut roots back to the boundary line, such a right is limited by a reasonableness standard. 30+ years real estate law legal experience. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. For branches and debris, the cost of legal action can easily exceed the cost of clean-up. If the HOA refuses to pay for your damage, you should consult an attorney. 0000033803 00000 n Please enter your username or email address. Readers of HOATalk.com should not act on this information without seeking professional counsel. 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. Regardless, such encroachment can be a source of serious tension between neighbors. Self-Help. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. 0000010610 00000 n Or, even worse, block a neighbor's view of the ocean? One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. These are often between neighbors and focused on how trees grow along property lines. 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 . 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. 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. The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. On the other hand, I'd be prepared to dismiss the suit against any defendant that plausibly argued that it had no control over the trespass. 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. Readers should not act upon this information without seeking professional counsel. Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. 0000023598 00000 n With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. Trees as structures. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. . More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . (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. 0000005355 00000 n If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Our residents held a special meeting last year in which none of the board members attended. 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. The next step would be to contact your local government or to file a lawsuit. Please login to post a reply (click Member Login on the menu). Remember to reserve for short and long-term landscape maintenance and planning. But after an impasse, the HOA opted to move ahead with plans to remove the trees. 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. It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. ), Posted By RichardP13 on 09/21/2015 11:15 AM. The damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because familial status. On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. However, that is not the case in all cities and counties in the state, so it pays to research the law before taking out a tree. Readers should not act upon this information without seeking professional counsel. Consult a tree expert, who will inspect and examine the tree. Learn what California law has to say about trees in HOAs. If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. 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. The best course of action is to keep calm and use common sense in case of an encroachment. In California, there is no automatic loser pays system like those that exist in other parts of the world. Removing a tree that a homeowner wants to remain. Determining responsibility for tree removal is often largely decided by the source of the problem. Violation of these ordinances could lead to criminal and/or civil penalties. 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. 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. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. 0000010870 00000 n In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. 3d 92, 102 n.5.) These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. Courts may often find sufficient evidence that the trees owner was somehow negligent and thus provide recourse for the injured party. 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. If the trees owner failed to act reasonably in periodically inspecting and maintaining his trees, he may be held liable for subsequent damage to others. A: Restrictions aimed at families with children present difficult issues for associations. 0000003677 00000 n All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. 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. . 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. Gold River, CA 95670 (This author lives in an association and a tree fell on his house, causing damage to the roof, gate, sidewalk and curb). Or did the owner trim the tree on his side only and thus render the tree unstable? 0000015050 00000 n HOA Dispute Tree Root Damage. property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. 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. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. Disputes related to view obstruction, mess, and property damage can all spark legal problems. disputes with neighbors, especially if one person's tree is causing damage to another's land. If you would like a consultation with us, please call our office at (916) 966-2260 or e-mail Steve Beede at sjbeede@bpelaw.com. The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. A neighbor might also be unhappy about falling leaves from the association's tree. 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