by richa » Wed Aug 04, 2010 08:25 pm
My neighbor's trees caused me $10,600.00 worth of damage to my block wall and pool deck. I spoke to two different renters about the problem with no response from the owner. In California small claims the limit is $7500.00. What alternative do I have to sue for the full amount
Posted: Sat Aug 07, 2010 04:03 am Post Subject:
I’m trying to make sure everyone here understands. You had a new wall put in and when the new wall was put in your contractor had to cut out some of the roots where the new wall was being installed. Your contractor was also concerned that the roots may damage the new wall. The new wall was put in and now you are having problems with the root system damaging your wall.
Is this correct?
Posted: Sat Aug 07, 2010 04:32 am Post Subject: Tree Root Damage
The wall was just installed last week, the contractor was concerned that it would cause damage in the future. Until the trees are permanently removed there is a chance that the roots will continue to grow and lift the foundation up like in the past. There were a lot roots cut to install the new footings for the block wall.
Posted: Sat Aug 07, 2010 04:46 am Post Subject:
I'm also under the impression that the OP had a prior wall that was damaged by the roots of the tree and this is why the new wall was installed. I'm getting the impression that the OP's complaint is that those tree roots damaged his property and this is what the damages are.
I don't know but I doubt the neighbors can be held responsible for damages caused by the roots of a tree. That is, I fail to see the negligence.
Posted: Sat Aug 07, 2010 05:41 pm Post Subject:
The trees have moved slightly since the roots were cut when the new wall was built. The contractor was concerned that the roots would continue to damage even the new wall.
Well, guess what? You probably need to be concerned about the trees moving in the direction of your neighbor's home. Cutting the roots could end up being YOUR LIABILITY if the tree(s) fall on your neighbor's property.
I encountered the same sort of situation when building a property wall several years ago. When we ran into a root in the path of the footing, I approached the "owner" of the tree to discuss its removal. She refused, saying, "I bought this house because I love that tree and the shade it makes" (absolutely not made up!).
So I have an arch at the base of my block wall (in which she did not even cooperate in sharing any of the cost to build) that avoided one of the tree's main roots. But I did, as I am allowed to do, cut every branch off the tree that was on my side of the property line (it was a large pine tree that was actually growing at an angle out of the ground).
Two years later, the tree began to tip due to the excess weight on her side, which I discovered when it began to fracture my wall. I immediately informed her that there was too much weight on the tree and that it (the excess weight) needed to be removed ASAP. No reply.
Two weeks later, when I got home from my agency, I noticed the tree appeared to have been trimmed. Looking over the fence, I found that it had split and fallen, destroying her patio cover, breaking a few windows, and damaging a portion of her roof.
She tried to blame the incident on my having "cut the root" on the tree, at least that's what her "tree expert" told her on the phone (without actually seeing the tree).
Well, today she has no tree at all, and I still have a 4' arched opening at the base of a portion of my 80' block wall that I have to explain to everyone who sees it for the first time.
But the "fracture" mostly is no longer visible with the weight of the tree gone.
Posted: Sat Aug 07, 2010 09:12 pm Post Subject: Root Tree Damage
In this case if the the trees fall they will not damage any structures. The trees are thirty feet from the house on a slope. I don't think they will fall, there are still a lot of roots in the ground holding up the trees. I don't understand why you doubt the neighbors can be held responsible for damages caused by the roots of a tree and fail to see the negligence. They have never pruned the trees or maintained them at all. I can't expect you to understand without actually seeing the trees. The trees are Hollywood Junipers, and if they are not taken care of they grow wild. There are five of them.
Posted: Sun Aug 08, 2010 05:39 pm Post Subject:
I don't understand why you doubt the neighbors can be held responsible for damages caused by the roots of a tree and fail to see the negligence.
Here is the question... how were the negligent? I'm not saying they are not responsible... just that it's questionable.The trees are Hollywood Junipers, and if they are not taken care of they grow wild.
How do you take care of the root system?Posted: Mon Aug 09, 2010 06:42 am Post Subject:
Just how tall are these Hollywood Junipers and how far apart are they spaced? According to several websites, they go about 10-15 feet and about 10 feet wide -- a large shrub commonly placed near fences.
But again, if you cut roots and now the trees are moving, you may have damaged the root structure and could bear liability if they fall -- doesn't have to hit anything, but it could fall on someone, just the same.
Posted: Fri Aug 13, 2010 11:58 am Post Subject:
Max, that's a great post indeed. Now, I'm a bit curious about something. If I cut the roots, damage them in the process and the trees fall on someone, will I be more responsible? How will the adjuster assume liability between me and my neighbor?
Posted: Fri Aug 13, 2010 01:19 pm Post Subject:
If I cut the roots, damage them in the process and the trees fall on someone, will I be more responsible?
Let's try another "cutting" analogy. Your neighbor parks his car in his driveway, but fails to use the emergency brake. The car rolls down the driveway and onto your lawn, damaging some shrubs. You decide to cut his brake line to teach him "a lesson" when it comes to taking care of his property.
Now he drives off, has an accident, and can prove that you cut the brake line. Who's liable?
How will an adjuster parcel liability? I'm not an adjuster, so I can't really tell you the answer to that. Maybe one of the adjusters will pop in and do so. But if it can be proved that your act of cutting the root was the primary cause of whatever damage the tree causes -- to property or persons -- the liability will fall on you.
Most states have adopted "comparative" liability as the standard of negligence, but several still have "contributory" negligence on their books as a defense. In a contributory negligence state, if even 1% liable for one's own damage, you cannot collect from the other, more negligent party.
Most state laws allow a property owner to remove tree branches that overhang their property from another. It's up to the tree owner to perform "counterbalancing" if the act of cutting offending branches removes enough weight that the tree becomes unbalanced. You cannot generally be held liable for that if the tree subsequently falls.
Cutting roots is an entirely different matter. There was a post here yesterday that has disappeared, that indicated one may have no idea of the damage they do when cutting the roots of a tree. It could have no effect, or it could have a tragic effect. On the tree and others.
What you do above ground, usually no problem, unless it was done maliciously. What you do underground could come back to bite you. But that's what YOU have homeowner's insurance for. As long as what damage you cause is due to negligence and was not done "willfully and maliciously", your homeowner's insurance will cover the damage up to your policy limits.
Posted: Sun Feb 12, 2012 02:55 am Post Subject: Tree Root Damage
Hi, I live in California and late last year my neighbor informed me that our Aptos Blue Redwood tree roots damaged his in-ground vinyl pool. Our trees were planted approx. 25 years ago and his vinyl pool was also approx. 25 years old.
I contacted my insurance company and they sent out an arborist to evaluate if the roots were in fact from our tree. It was determined that my tree did cause the damage to his pool and he was compensated for the cost of a new vinyl pool.
If the neighbor replaces the pool prior to me either installing root barriers or removing the tree, could we be held liable a second time?
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