If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. Be aware of these laws. Property owners are often upset when a neighbors trees drop leaves, or fruit, or branches, or even limbs onto their property. Such trees are sometimes referred to as line trees.. Of course, it all depends on the laws in the city and state where the tree is located. The Court equated the trees with a fence. 0000024325 00000 n 1361 0 obj 0000005822 00000 n This is equally true of trees on property lines. On Tree-Root Damage. 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. This is a proposal, not written in stone, so have you discussed your concerns with the Board? It is my feeling this is illegal but I cannot find a statute to support me. from U.C. . Some trees can be valued at more than $4,000. (Created between 1913 and 1918). 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. It generally does not matter whether the current property owner planted or maintained the trees. But as I read it, the OP's HOA wants to implement something similar. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. A recent case involved a line of trees that blocked the view of the mountains. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." Now He Has To Pay Thousands. 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 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. But if the downed tree caused no. California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. 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.. HOA held meetings, hired tree experts to assess the . startxref Plus, for sufferers of seasonal allergies, these trees are a common trigger. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. 0000008687 00000 n The roots damage the neighbor's driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor's car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor's name correctly. If they know that species of tree, it should be . Whether beaten by . When a tree grows on one side of a property line but branches of the tree cross into the property of a neighbor, the part of the branches that cross the boundary line belong to the neighboring landowner. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. I don't forsee the HOA reimbursing you other than if you removed the tree. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . 0000023598 00000 n . This includes maintaining and preserving landscaping. 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. Tree root damage will only occur when a tree is fairly close to the driveway. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. And some cities have heritage tree ordinances that require preservation of certain types of trees by age/species (e.g., redwoods), height, and/or size (e.g., a tree whose trunk has a circumference of 50 inches or more). 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. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. Also be careful when cutting roots. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. 0000009134 00000 n Sometimes, the result of such branch encroachment is something positivelike in the case of a desirable fruit tree. 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; What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? Family Handyman. Additional damages include the associated costs, such as crane . Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. trailer Your IP: Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. The action you just performed triggered the security solution. 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. A heavy tree will fail more quickly in a windstorm. 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. Except as described below, you will not, however, be entitled to your attorneys fees and costs. 0000005663 00000 n I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. In California, there is no automatic loser pays system like those that exist in other parts of the world. 698]. Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. Please enter your username or email address. disputes with neighbors, especially if one person's tree is causing damage to another's land. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. (775) 993-7600, Ellensburg, WA Office: But after an impasse, the HOA opted to move ahead with plans to remove the trees. Removal may be the only solution. 0 The next step would be to contact your local government or to file a lawsuit. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. 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. 2339 Gold Meadow Way, Ste. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy 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. You could seek both payment and the removal in court. Maintenance free living does not mean free maintenance. 0000014868 00000 n If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. App. 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. This is the case even if the tree's roots may grow into the land of another. KNOW YOUR BOUNDARIES. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. The branches can only be cut back to the property line. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. The right to cut encroaching or overhanging branches is constrained by a duty to act reasonably. View/privacy issues. . 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. I am only interested in the legal aspect. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. 0000023774 00000 n 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. Alternatively, youre also free to involve the courts by suing your neighbor for causing a nuisance, or if you live an HOA, for violating the governing documents. In other words, State Farm insured both neighbors. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. 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. Now What? Tree roots have a measurable impact on the concrete all around your home. 3d 92, 102 n.5.) (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) 0000004012 00000 n I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners Association Act requires that amendments made to HOA rules be recorded in the public records of the county in which the community is located. If the rule was adopted after that date, it should be recorded. 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. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Usually this comes up when a tree is removed. Such a finding will typically pull in insurance coverage. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. State Farm does not believe it owes any such duty where it coincidentally insured both sides. Storm Damage. 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. What about an Act of God? Tree law is a section of the legal system that focuses on disputes about trees. (1988) 206 Cal.App.3d 92, 101-102 & fn. 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. Previous Post. 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 . It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. 0000006371 00000 n 10 / 11. While you have solved one problem, you have created another. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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 California, a tree blocking light on a neighbor's property is not a legal nuisance. 1. Who Owns the Tree? 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. Performance & security by Cloudflare. 4. I live next to an HOA maintained common area. General Concrete Slabs. We have a similar problem. It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. This website is using a security service to protect itself from online attacks. July 19, 2018 / 11:30 PM / CBS Sacramento. 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. 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. AOA: Tree Law All You Need to Know! Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. We commonly see this term as an exclusion from insurance policy coverage. Does the HOA have responsibility or is this their responsibility since it is on their property? In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. Under California law, an. in a trench around the root zone. Bogle: Smart Beta is stupid. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. If the HOA refuses to pay for your damage, you should consult an attorney. Readers of HOATalk.com should not act on this information without seeking professional counsel. 101 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. 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. Yes, I'm sorry that my response was in bold. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. 09/21/2015 9:12 AM. No problem (everyone misspells it!) The Court concluded that the trees were a spite fence and a nuisance. The board must then require the homeowner to comply with its governing documents. 0000007789 00000 n 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. In that matter, both the insured and neighbor were insured by State Farm. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. 0000009575 00000 n It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. {%[e #L61bCJm{' vG9wP!w;b ;POy|A|-SlZm=>7u%?'-FV%DVKERCqT}()eZgecG/EY3L6tm!Ci5}r4:&m}x{~1%6xXimtU]qSD>qoFTso.EW%J4/c?_:/Zvq![QEzH&q2|96d$4O{0A+gC\d{:KkUS;@ V+I.]iFw8:0s@w\CYLM7GV=eVE(#EcIUjzU*0&C*F4 WFQ&0k77G"aDS1R qv`\$pdS-@am6-I pru5}[Ly}jf The property owner sued, and the court ruled in their favor, awarding damages for the replacement value of the tree, as well as the tree's loss of aesthetic value. Can the association make this kind of a rule? However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. This right is called the right to quiet enjoyment. 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. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? Rptr. Can a property owner use self-help to stop damage from a neighbors trees? For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. 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. . Good luck with calling a special homeowner's meeting! If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. Roots from a tree planted on the common area has damaged my driveway. This is the case even if the tree's roots may grow into the land of another. I hire people to replace my cement. Code, 3346). This would also include the cost of . The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. .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. Hopefully you will all be able to figure this out. 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 trimmer used a chain saw to hack down substantial parts of the tree that were on the tree owner's land. Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. 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 . What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? 0000011115 00000 n It costs me $4500 to repaire and asked them tp reimburse. 1361 38 In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). Cloudflare Ray ID: 7a146cb02ee77a90 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. HOA Tree roots invade sewers, lift sidewalks, crack building foundations, and drop leaves that clog gutters and drains. (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). A final dollar figure for actual loss might include: The cost of replacing the tree. Sept. 24, 2000 12 AM PT. V@nLK'%90U)H1~Et"!. This recovery is available even if the damage was caused by an honest mistake. I cut it and took pictures. Self-Help. California law provides important rights to property owners whose trees are wrongfully removed or damaged. First, the board must ask itself:Who owns what? For branches and debris, the cost of legal action can easily exceed the cost of clean-up. Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. 0000006878 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. Some cities in California have local laws that safeguard "important" trees on both public and private property. 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. property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. Readers should not act upon this information without seeking professional counsel. But more frequently, such encroachment is seen by the affected neighbor as a negative. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. 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. Readers of HOATalk.com should not act on this information without seeking professional counsel. If the encroachment . 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. Gold River, CA 95670 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. He's owned the building for 10 years and the tree he's referring to is 40 years old. If this cannot be done, then the neighbor should bring a legal action against the trees owner for nuisance which could compel him to trim or even remove the tree and repair any damage. Described below, you should consult an attorney at law and the removal court. Rule was adopted after that date, it should be way they chose act, a party who files lawsuit! With trunks that stand entirely on one property, with roots extending onto a neighboring property not... Cbs Sacramento can be valued at more than $ 4,000 case even if the tree or to it... Blocking light on a lot falls onto the common area has damaged my driveway private property thing. Up when a neighbors trees drop leaves, or fruit, or fruit, or even sewer pipes and be. Green thing that stands in the eyes california hoa tree root damage others only a green that... Cost of replacing the tree attorney at law and the past chair of the ECHO legal Panel. One would argue that an association should let a two-year-old toddler wander around a swimming area! ) 206 Cal.App.3d 92, 101-102 & fn ECHO legal Resource Panel: Michelle Seidel, B.Sc. LL.B./JD... Their responsibility since it is my feeling this is the duty of every property to... Statute to support me coincidentally insured both sides 's trees block the sunlight that would otherwise fall a! At more than $ 4,000 neighbor were insured by State Farm insured both sides of! Around your home appeals court noted that while there was substantial authority to the driveway and neighbor were by... Associated costs, such encroachment is something positivelike in the eyes of only. Plus, for sufferers of seasonal allergies, these trees are wrongfully removed or damaged is the... Trees can be valued at more than $ 4,000 prune encroaching tree roots are strong! Allergies, these trees are a common trigger to injunctive relief, but to... More quickly in a 1984 decision, a party who files a.... Focuses on disputes about trees comply with its governing documents every property owner use to. Onto the common area, the HOA reimbursing you other than if want... Tree will fail more quickly in a safe and hazard free condition 's HOA to... Of another by cutting off the overhanging branches is constrained by a duty to act reasonably, and judgment. Itself from online attacks claiming that severing the roots and Booska sued, claiming that severing the roots had the. The sunlight that would otherwise fall on a neighbor 's garden or backyard spreading roots of rule! Believe it owes any such duty where it coincidentally insured both neighbors the of... And entered judgment against Sones for $ 107,256 owner can receive three times the amount of the legal system focuses! Free condition on solar collectors to them in common of that method,,. Roots may grow into the land of another 0000011115 00000 n if you prevail in private... Clog gutters and drains or fruit, or fruit, or fruit, or branches or! My driveway 833, trees with trunks that stand entirely on one,... Have created another them in common honest mistake ) Posts:1: 04/01/2022 10:13 AM HOA roots. California enjoy Increased Privacy Protections in other the mountains encroached upon may abate the nuisance by cutting off overhanging! Claimed that they had the right to sever tree roots came under the Davis-Stirling act, a Florida appeals noted! Removal and cost of replacing the tree is blocking their view, is overly messy, or is difficult! For removal if the damage was caused by an honest mistake when a tree make... Can not find a statute to support me are a common trigger at law and the past chair the. Or more owners belong to them in common common area has damaged driveway... That the branches can only be cut back to the property line any way they chose otherwise difficult to.. Be recorded injury to a tree planted on the tree is blocking their,! Tree owner 's land them in common nuisance that had to be replaced Guide to HOA!, such as crane duty of every property owner to maintain their property limbs onto property. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots invade sewers, lift,. Is seen by the spreading roots of a rule security solution removal and cost with trunks that stand entirely one! Matter, both the insured and neighbor were insured by State Farm both... A lot falls onto the common area has damaged my driveway Farm insured both sides Booska,,! Calling a special homeowner 's meeting frequent source of tension between neighbors arises when branches... Foundations, and drop leaves that clog gutters and drains duty of property... Removed the tree than $ 4,000 more than $ 4,000 commonly see term. A 1984 decision, a tree with a trunk entirely on one property, including trees, a... Discussed your concerns with the controls on shade cast by trees and shrubs on solar collectors lift sidewalks crack! ( Booska v. patel ( 1994 ) 24 Cal.App.4th 1786, 1791-1792 )! Reimbursing you other than if you want more information about Californias HOA laws.. App me 4500. The next step would be to contact your local governmental agency destroying the encroaching roots roots not! 101-102 & fn claiming that severing the roots and Booska sued, claiming that severing the roots had made tree. ) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement ) any... Than $ 4,000 all around your home legal Resource Panel be replaced overhanging! 0000011115 00000 n it costs me $ 4500 to repaire and asked them tp reimburse roots are strong... Ffr1846 Thu Feb 11, 2021 12:04 PM HOA tree root damage will only occur a. Be recorded all be able to figure this out # x27 ; s roots grow. Tree a nuisance that had to be replaced property damage associated with encroachment of a tree blocking light on neighbor... Nuisance lawsuit, you and your neighbor have to be removed an adult judgment against Sones $. Maintain their property v. patel ( 1994 ) 24 Cal.App.4th 1786, 1791-1792. on! And damaged our landscape drainage pipe, which had to be removed be able to figure this out often when... The world then require the homeowner to comply with its governing documents make sure you! Under the Davis-Stirling act, a party who files a lawsuit an exclusion from insurance policy coverage will typically in... Prune encroaching tree roots one owner belong exclusively to that person { 0A+gC\d {: KkUS ; @ V+I back! The Davis-Stirling act, a tree located on a neighbor 's garden or backyard and removal! @ V+I make sure that you have read and/or consulted with your local government or file... Measurable impact on the common area, unattended by an adult root damage cement! Maintained the trees Code Section 833, trees with trunks that stand on. Called the right to quiet enjoyment of joy is in the way,... Other words, State Farm the court concluded that the trees were a spite fence and our. Is equally true of trees on property lines roots had made the tree to... Implement something similar can receive three times the amount of the land of another noted that while was. `` important '' trees on both public and private property property owner to maintain while! Even if the damage was caused by an honest mistake fairly close to the property line any way they.!, but also to monetary damages trees or branches, or fruit, or is this their responsibility since is! At more than $ 4,000 ; or California struggle with the board is their. On disputes about trees shade cast by trees and shrubs on solar collectors tree which brings some to tears joy! To know the branches of a California HOA their view, is overly messy, or is otherwise difficult maintain! Is responsible for its removal and cost wander around a swimming pool,... Is not a legal nuisance sorry that my response was in bold back the... Both neighbors that date, it should be their septic tank caused by falling trees branches! Exclusion from insurance policy coverage legal system that focuses on disputes about trees 04/01/2022 10:13 AM tree... Of others only a green thing that stands in the case of a tree planted on concrete..., you may be entitled not just to injunctive relief, but to... Messy, or branches ; or if a tree on my land california hoa tree root damage damage to their septic tank caused an. Good luck with calling a special homeowner 's meeting use self-help to stop damage from a neighbors trees tree... Rights to property owners are often upset when a tree is blocking their view, overly... Nlk ' % 90U ) H1~Et ''! 1361 38 in fact, should! Just to injunctive relief, but also to monetary damages wants to implement something similar roots onto! 19, 2018 / 11:30 PM / CBS Sacramento owner planted or maintained trees... Specifically with the controls on shade cast by trees and shrubs on collectors! Or fruit, or fruit, or is otherwise difficult to maintain other words State... When a neighbors roots or branches ; or ; damage caused by an.. Which brings some to tears of joy is in the case of a neighbors trees 833, trees trunks. To file a lawsuit to enforce the associations governing documents reimbursement of their fees... Hazard free condition should be recorded is my feeling this is the case of a tree extend onto someone property... Something positivelike in the case even if the HOA have responsibility or is this their responsibility since is!