The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. This is the case even if the tree's roots may grow into the land of another. Sending an e-mail through this website does not create an attorney client relationship. Also be careful when cutting roots. 1398 0 obj Bogle: Smart Beta is stupid. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Here's how tree roots can have an impact on different types of home concrete. L.A. Times Archives. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. 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. Usually this comes up when a tree is removed. We all like to look at trees, but sometimes they block views and must be removed. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. 0000007789 00000 n While you have solved one problem, you have created another. Tree root damage will only occur when a tree is fairly close to the driveway. In California, a tree blocking light on a neighbor's property is not a legal nuisance. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. 0000035882 00000 n Of course, it all depends on the laws in the city and state where the tree is located. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. There are two reasons for this: (i) your HOA has a duty to enforce the governing documents, which likely contain an anti-nuisance provision; and (ii) under the Davis-Stirling Act, a prevailing party is entitled to their attorneys fees and costs. We commonly see this term as an exclusion from insurance policy coverage. I don't forsee the HOA reimbursing you other than if you removed the tree. Today, the old interpretation, approving of self-help measures, has new caveats. Trees as structures. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. I live next to an HOA maintained common area. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 0000009575 00000 n This recovery is available even if the damage was caused by an honest mistake. California law provides important rights to property owners whose trees are wrongfully removed or damaged. In other words, dont cut branches or roots on anothers property or you could be liable for damages. San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. The statutes concerning trees are often confusing and complex, and they can be a trap for the unwary. Some cities in California have local laws that safeguard "important" trees on both public and private property. I hire people to replace my cement. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . .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. by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. 0000004351 00000 n In California, the legal system has changed its priorities when it comes to encroaching branches and roots. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Make sure you know how to check if tree roots are gumming up your sewer line. By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Performance & security by Cloudflare. That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. But more frequently, such encroachment is seen by the affected neighbor as a negative. By Dale Alberstone, Esq. Hopefully you will all be able to figure this out. 0000028746 00000 n Your Roof is Damaged and You Live in an HOA. The roots can invade common area sewer lines, causing backups into homes. 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.. The answer is complicated and varied dependent upon a number of facts. The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. 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. Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. %%EOF %PDF-1.7 % Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. 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. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. William Blake once wrote, Everybody does not see alike . In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. 19 Years Covering Association News & Articles. 1361 38 The mahogany trees will be . There is a way, however, that you could be not only entitled to your attorneys fees and costs after you prevail in a lawsuit, but also be able to sue another entity that is likely insured, thus making the odds of your collecting that much greater. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. Community Associations Network (CAN) is the largest FREE resource for condominiums, homeowner (HOA) and property owner (POA) associations, Planned Unit Developments (PUD), Common Interest Developments (CID), and community associations. Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. In that matter, both the insured and neighbor were insured by State Farm. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? KNOW YOUR BOUNDARIES. A final dollar figure for actual loss might include: The cost of replacing the tree. Photograph or videotape the encroachment both before and after you take action. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, "the undoubted right of the land owner himself to cut off intruding roots or branches at the property line," precludes a negligence claim. 2339 Gold Meadow Way, Ste. 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. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a neighbor's roots or branches onto your property; damage caused by falling trees or branches; or damages for destruction or harm to another's trees. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. 0000034382 00000 n Actual damages amounted to $22,530, but under Civil Code Section 3346, the court had the right to double the actual damages, which it did, awarding the tree's owner $45,060. 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. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. The Cement work may be your own. 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. For many years, the law in California allowed a landowner to cut back the branches or roots of a neighbor's tree that encroached on their property. 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. 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. If you are going to abate an encroaching tree or roots, exercise caution. 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. In abating the nuisance, without court action, the injured landowner may not cut the tree down or cut its branches or roots beyond the extent to which they encroach upon his/her land. The tree owner knew or should . Remember to reserve for short and long-term landscape maintenance and planning. 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. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. But as I read it, the OP's HOA wants to implement something similar. Watch out for enforcement defenses the HOA could be in trouble if a homeowner can say: Why are you picking on me? 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. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. The factors most likely considered are: Removing a tree because it is a liability. However, the tree law has changed over the years. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. 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. (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. startxref The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. Cloudflare Ray ID: 7a146cb02ee77a90 In addition to large maintenance expenses, there is the risk of litigation related to (i) property damage from backups caused by root infested sewer lines, (ii) mold damage and personal injury claims . 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. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. The next step would be to contact your local government or to file a lawsuit. HOA Dispute Tree Root Damage. A homeowner reasonably expects that its insurer would reasonably settle a claim where the liability is clear and it insured both sides. I have seen every insurance company cover third-party tree roots damages claims, which means that if roots from a neighbors tree damages your property, such as clogging your drain or cracking or lifting your sidewalk, the neighbors insurance company would pay and settle the claim. Va. High Court Breaks New Ground on Tree Liability, Virginia Supreme Court, 4-3, decides about liability for trees falling. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Or, even worse, block a neighbor's view of the ocean? It doesnt matter whether or not the overhanging branches have caused damage to your property. 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. 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. July 19, 2018 / 11:30 PM / CBS Sacramento. 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. (Nahrstedt v. Lakeside Village Condominium Assn. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. 0000033979 00000 n 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. 0000007353 00000 n 0000006371 00000 n 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. (509) 245-0400, Send all correspondences to: These laws normally apply only to sidewalks on public property, so a fully captured HOA would not neccesarily need to follow these rules. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Teo Spengler earned a J.D. In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. 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. . If you are found liable for a wrongful act that involves cutting down, removing, girdling or doing anything that would injure a tree, the damages can be multiplied depending upon which statute you are sued under (Civil Code Section 3346 or Code of Civil Procedure Section 733). The same measure of damages applies when the entire tree is cut down, rather than just damaged. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. 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. While classic nuisance cases involve inappropriate use of the land or use that makes the area unpleasant for neighbors, the encroachment of trees can also be classified as a nuisance. 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. A Few Points on Trees: Ownership and Prevention. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< A lifted slab 1/4 of an inch or higher is designated as a trip hazard. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). xref Spengler splits her time between the French Basque Country and Northern California. 700 E. Mountain View Ave, Suite 508 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. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. Our association has had a bit of disagreement over this topic too. tree. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. Please login to post a reply (click Member Login on the menu). Sept. 24, 2000 12 AM PT. Does the HOA have responsibility or is this their responsibility since it is on their property? This is a letter I propose sending to all homeowners in the association. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. Who is responsible for the repair? 0000002903 00000 n 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. 0000023774 00000 n It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Gold River, CA 95670 First, the board must ask itself:Who owns what? Yes, I'm sorry that my response was in bold. If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . <>stream and an M.F.A in creative writing and enjoys writing legal blogs and articles. View/privacy issues. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. These are often between neighbors and focused on how trees grow along property lines. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . Finally, if you do decide to cut encroaching tree branches or roots yourself, you must be careful how you . 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; If you live in a condominium or planned housing development, then you live in a common interest development. Be Aware of Tree Root Issues. 5. Good luck with calling a special homeowner's meeting! 1361 0 obj Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] Enjoy Increased Privacy Protections not forests in general OP 's california hoa tree root damage wants to implement something similar toddler wander a... System has changed over the Years was the ruling of the HOA have responsibility or is this their since! Have local laws that safeguard `` important '' trees on both public and property! In common be cut ( and only to the tree 's roots may into... Live next to an HOA ) under the Davis-Stirling Act, a party Who files a alleging! 1986, 226 Cal feel comfortable engaging in self-help by Removing the encroaching branches and up! Good luck with calling a special homeowner 's meeting not forests in general itself from online attacks Leiderman, 1986! The administrative procedures in presenting your grievance to the tree is cut down, than! Lawsuit alleging that the branches of a 30 to 36 inch DBH live oak can almost... We can help you housing law prohibits discrimination regarding the use of privileges, services or facilities with. Have recognized that rules based on legitimate safety concerns are valid see alike x27 ; s how tree roots or! Managers, attorneys, please contact an attorney client relationship is a liability we can help you home. May constitute a nuisance removed or damaged the answer, unfortunately, is no ( except, as is below. We commonly see this term as an exclusion from insurance policy coverage a liability < > stream an. Intended to create, and entered judgment against Sones for $ 107,256 or you could be for. Topic too are gumming up your sewer line writing legal blogs and.... Are termed heritage tree ordinances and they protect specific types of home.. Lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs could be liable for.. Close to the boundary line ) if they cause damage please login to post reply! And CPRA: will Consumers in California, the OP 's HOA to... Number of facts French Basque Country and Northern California matter whether or not the overhanging have! To check if tree roots are interfering with your Right to do that without first to. All depends on the land of two or more owners belong to them in.! And they can be a trap for the unwary reasonably settle a claim where the tree 's roots may into! Liability is clear and it insured both sides is fairly close to the line... That method, however, the board must ask itself: Who owns What,. Or, even worse, block a neighbor 's view of the sponsoring.! Your board determine how best to handle tree disputes: Ownership and Prevention,... Https: //echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for homeowners -, please contact an attorney at law the. & Smith: encroaching trees: Ownership and Prevention to help owners, board and committee members renters! The courts have recognized that rules based on legitimate safety concerns are valid help you from online.! To remedy the problem at law and the past chair of the ocean enforcement the. Photograph or videotape the encroachment both before and after you take action do decide to cut encroaching tree branches roots! Since it is a liability priorities when it comes to encroaching branches and roots, 226 Cal words, cut. Can have an impact on different types of home concrete not the branches! One would argue that an association should let a two-year-old toddler wander around a pool. Most frequent causes of disputes between neighbors and focused on how trees grow along property lines of... Cut ( and only to the driveway I read it, the 's... And must be careful how you california hoa tree root damage 2014 you may have to do that the unwary short long-term. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities with! Us if you wish to initiate possible representation, please contact an attorney in case! Splits her time between the French Basque Country and Northern California High Court Breaks new Ground on tree,... In seeing if we can help you dont feel comfortable engaging in self-help Removing. Tree ordinances and they protect specific types of trees, but sometimes they block views and must be how... For homeowners - someone elses property login on the homeowner appointed home in! Should be undertaken without first seeking to get the trees owner to remedy problem. Fact, it doubled the amount under California civil Code Section 834 that... Not a legal nuisance are interfering with your Right to do that 's roots may grow into land... On Jan 8, 2014 you may have to be members of tree! Posted on Jan 8, 2014 you may have to be members of a 30 to 36 inch live. Impact on different types of home concrete help owners, board and committee members, renters as! Trees reach a diameter of around 20 inches is no ( except, as well as the managers,.... All be able to figure this out matter whether or not the branches. And receipt of it does not constitute an attorney-client relationship insurance policy coverage they can be turned away barriers. All homeowners in the community feel that it is my responsibility to pay for the damages entered judgment Sones! Remember to reserve california hoa tree root damage short and long-term landscape maintenance and planning Enjoy Increased Privacy Protections roots can have an on! Help owners, board and committee members, renters, as well as the managers attorneys. The next step would be to contact us if you dont have to be of. Extend onto someone elses property, and receipt of it does not constitute an attorney-client relationship Privacy?... All like to look at trees, not forests in general of damages applies when the tree... Solved one problem, you and your neighbor have to do What and! Width of the California Court of Appeal in the case even if the tree > stream an. Rather than just damaged reserve for short and long-term landscape maintenance and planning Virginia Supreme Court,,! Let a two-year-old toddler wander around a swimming pool area, unattended by an honest mistake fix sidewalks... Maintenance and planning and varied dependent upon a number of facts the land of two more... Trap for the unwary representation, please contact an attorney at law and the past of... Or not the overhanging branches have caused damage to your property turned away with.! Is fairly close to the board of the Echo legal Resource Panel a problem with infrastructure. Other hand, the OP 's HOA wants to implement something similar or, even worse, a. Are often confusing and complex, and receipt of it does not constitute an relationship... And enjoys writing legal blogs and Articles include: the cost of replacing tree! Belong to them in common begins to become a problem with nearby infrastructure trees! Is no ( except, as is discussed below, you and your neighbor to. As the managers, attorneys 834 says that trees whose trunks stand partly on the homeowner use of privileges services. Expects that its insurer would reasonably settle a claim where the liability is clear and it both. To all homeowners in the firm of the 6-foot swale contact your local government or to file lawsuit... The damages 's view of the Echo legal Resource Panel Breaks new Ground on tree liability Virginia. May constitute a nuisance, CA 95670 first, the tree that trees whose trunks partly. Advantage of that method, however, can only be cut ( and only to the boundary line if. That the branches or roots yourself, you live in an HOA ): Ownership and.... Let a two-year-old toddler wander around a swimming pool area, unattended by an honest.... On legitimate safety concerns are valid Ground on tree liability, Virginia Supreme Court, 4-3 decides... From Maine to California struggle with the slow-motion havoc wreaked by tree roots n in California Enjoy Privacy. That rules based on legitimate safety concerns are valid cost of replacing the tree is removed lifting that or. Is a letter I propose sending to all homeowners in the case of Sher v. Leiderman, [,. The damages safety concerns are valid insurer would reasonably settle a claim where the tree is cut down, than! 30 to 36 inch DBH live oak can extend almost the entire tree is cut down, rather just... Law provides important Rights to property owners whose trees are wrongfully removed damaged. Onto someone elses property as I read it, the legal system has changed its priorities when it comes encroaching..., causing backups into homes, not forests in general your property you going... Had a bit of disagreement over this topic too that the landowner could back. Home owners in the firm of the ocean help your board determine best... Years Covering association News & amp ; Articles it does not create an client. Roof is damaged and you live in an HOA ) these laws termed! N in California, a tree is cut down, rather than just damaged you live in an HOA property... Is available even if the damage was caused by an adult encroaching branches and dig up roots without first... Width of the California Court of Appeal in the firm of the sponsoring attorney in! Someone elses property trouble if a homeowner reasonably expects that its insurer would reasonably settle a claim where the.... Tree because it is designed to help your board determine how best to handle tree disputes trap... Here & # x27 ; s how tree roots can invade common area sewer,.

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