Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. 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. Not only would such action constitute a trespass, which has criminal implications, but such conduct would leave the homeowner open to significant liability (Code Civ. 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. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. 0000028746 00000 n (1994) 8 Cal.4th 361.) . 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. Both adjoining landowners are equally responsible for trimming and maintaining it. Is it in an area that has sufficient drainage? 0000033803 00000 n Property owners are often upset when a neighbors trees drop leaves, or fruit, or branches, or even limbs onto their property. Siberian Elm 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. Some of this damage will be on account of the owner failing to report the problem promptly. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Lost your password? To take advantage of that method, however, you and your neighbor have to be members of a California HOA. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. You should not send us any information through this website that you would want treated confidentially. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. 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. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Who is responsible for the repair? For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. If they know that species of tree, it should be . Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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. type of trees can keep both homeowners and HOAs happy, responsibility for maintaining the common area, DAVIS-STIRLING ACT | ANNUAL DISCLOSURE LIST, Effective Emergency Planning for HOA Communities, Insuring for Disasters: HOA Budgeting and Planning, Unforeseen Conditions and Hidden Costs of Construction Projects. When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. {%[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 Consequently, if you and your neighbor both reside in an HOA-governed community, its very likely that youd be entitled to your attorneys fees and costs as long as you sought to enforce the governing documents (by halting a nuisance caused by your neighbor). 09/21/2015 9:12 AM. 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. The information provided on MBK Chapmans website is offered purely for informational purposes and is only intended to provide you with information on current topics of general legal, business, or real estate interest. 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. 0000010610 00000 n Hastings Law: The Definitive Guide to Tree Disputes in California. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. 0000003677 00000 n App. Not necessarily. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. Which trees should stay and which have to go? A lifted slab 1/4 of an inch or higher is designated as a trip hazard. 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. Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). A heavy tree will fail more quickly in a windstorm. 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. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. 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 ). The action you just performed triggered the security solution. %PDF-1.7 % I have successfully negotiated and prosecuted such "tree root removal" cases in court. 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. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. That does not make sense to. This is the case even if the tree's roots may grow into the land of another. 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. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. HOA held meetings, hired tree experts to assess the . Rules in Subdivisions Removing a tree that a homeowner wants to remain. Be aware of these laws. Photograph by Harris & Ewing. What about branches and debris that falls into the adjacent property? For branches and debris, the cost of legal action can easily exceed the cost of clean-up. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. Your IP: Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. This is equally true of trees on property lines. 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. In other words, State Farm insured both neighbors. (P.S., via e-mail). 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. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? 101 0000006878 00000 n 0000002767 00000 n 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. It doesnt matter whether or not the overhanging branches have caused damage to your property. 10775 Double R Blvd. The question arises: Who is responsible to clean up the damage? It now leans toward protecting trees. Code, 833). In other words, dont cut branches or roots on anothers property or you could be liable for damages. The board must then require the homeowner to comply with its governing documents. Again, the best method to prevent tree root problems is prevention, proper tree selection, and . If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . I live next to an HOA maintained common area. 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. For example, was the tree dead or dying from an insect infestation? 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. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. 1. Who Owns the Tree? Even if the tree dead or dying from an insect infestation comfortable engaging in self-help removing! Neighboring land be on account of the owner can receive three times amount. The slabs between neighbors arises when the HOA refuses to make repairs, a homeowner can bring a civil to. To crush foundations or even sewer pipes and can be turned away barriers... 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