"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." Unbelievably, the HOA began replacing these trees with their damaging roots with a. General Concrete Slabs. 0000002903 00000 n In California, Civil Code 833 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." Property owners must be mindful of tree maintenance. Well State Farm Insurance Company has apparently been taking a different position. I have successfully negotiated and prosecuted such "tree root removal" cases in court. 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. 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. 700 E. Mountain View Ave, Suite 508 Tree law is a section of the legal system that focuses on disputes about trees. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. Is the Trees Owner liable for any Damage? (P.S., via e-mail). While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. 0000035882 00000 n Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. I cut it and took pictures. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. But if the downed tree caused no. These laws normally apply only to sidewalks on public property, so a fully captured HOA would not neccesarily need to follow these rules. When the damage is done; First signs of tree root damage. 0000004012 00000 n This is the case even if the tree's roots may grow into the land of another. {%[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 A recent case involved a line of trees that blocked the view of the mountains. 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. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. Disputes related to view obstruction, mess, and property damage can all spark legal problems. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. Or did the owner trim the tree on his side only and thus render the tree unstable? Post by Jack FFR1846 Thu Feb 11, 2021 12:04 pm. 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. It doesnt matter whether or not the overhanging branches have caused damage to your property. 0000004351 00000 n . 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. Obviously, tree roots cause property damages. 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. 0000028746 00000 n Sept. 24, 2000 12 AM PT. 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. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 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; General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. You can email the site owner to let them know you were blocked. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. Spengler splits her time between the French Basque Country and Northern California. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. 10775 Double R Blvd. They can also create excessive shade, which leads to high humidity and mold. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Rptr. 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. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. 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. I am only interested in the legal aspect. This is the case even if the tree's roots may grow into the land of another. 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. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. If you are going to abate an encroaching tree or roots, exercise caution. It is my feeling this is illegal but I cannot find a statute to support me. Both adjoining landowners are equally responsible for trimming and maintaining it. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. She holds both an M.A. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Or, even worse, block a neighbor's view of the ocean? Did you contact the HOA first before doing the work? You should not send us any information through this website that you would want treated confidentially. Of course, it all depends on the laws in the city and state where the tree is located. 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. 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 . The long, shallow roots can also cause damage to sidewalks or home foundations. This is a proposal, not written in stone, so have you discussed your concerns with the Board? A Few Points on Trees: Ownership and Prevention. The board must then require the homeowner to comply with its governing documents. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? The HOA group of appointed home owners in the community feel that it is my responsibility to pay for the damages. HOA Dispute Tree Root Damage. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. 1. Who Owns the Tree? 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. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. 2339 Gold Meadow Way, Ste. 0000007353 00000 n In the 1984 case of Kallis v. Sones (208 C.A. He said I should cut. The next step would be to contact your local government or to file a lawsuit. 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. Top 5 Concerns that Homeowners Have About Their HOAs. 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. California law provides important rights to property owners whose trees are wrongfully removed or damaged. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. 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. 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. endobj Lost your password? 6. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. The association must be consistent in uniformly enforcing the governing documents. Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Additional damages include the associated costs, such as crane . HOA Tree roots invade sewers, lift sidewalks, crack building foundations, and drop leaves that clog gutters and drains. 30+ years real estate law legal experience. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< The court found that the cost of replacing the tree was $53,628 and refused to limit the award to 41 percent of that amount. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Your IP: VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. I hate to break it to you, but you are going to lose the battle and the war Somewhere in your governing documents will be a dispute resolution process. The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. It now leans toward protecting trees. I hire people to replace my cement. In other words, dont cut branches or roots on anothers property or you could be liable for damages. damages for destruction or harm to anothers trees. trailer Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. Tree ownership is based upon where the trunk is situated. 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. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Self-Help. According to Streets and Highways Code 5610: In most cases its pretty easy. Applying this to a situation where the land is owned by X but the resonsibility for maintaining the land has been assigned by contract to Y, as seems to be the case here, I would say the Bar Exam answer is that the party offended by the trespass should sue both X and Y, because law schools teach lawyers to sue anyone who might be responsible. Now He Has To Pay Thousands. Can the association make this kind of a rule? A homeowner planted 19 trees in his front yard. (1994) 8 Cal.4th 361.) 0000023598 00000 n Sure enough, he told me my tree's roots are damaging his foundation and driveways. The court will, for example, look to see if some other remedy might have solved the problem without causing the damage to the offending tree (e.g., such a as installation of a root barrier). In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. First, the board must ask itself:Who owns what? Not necessarily. Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: This article will focus exclusively on damages caused by encroaching roots and branches and destruction or harm to anothers trees. ), Posted By RichardP13 on 09/21/2015 11:15 AM. 698]. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. 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. deal specifically with the controls on shade cast by trees and shrubs on solar collectors. You will receive a link to create a new password via email. Property owners are often upset when a neighbors trees drop leaves, or fruit, or branches, or even limbs onto their property. Also be careful when cutting roots. HOA held meetings, hired tree experts to assess the . Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. 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. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. If the word "nuisance" leaps to mind, think again. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. 0000010870 00000 n Readers should not act upon this information without seeking professional counsel. The court is very likely to treat an expert report with respect and take action. 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. Removal may be the only solution. If they know that species of tree, it should be . 0000010224 00000 n For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. 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 . Other tree owners may not be as successful . Typically, negligence claims are appropriate in such circumstances. . Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. Falling Leaves. startxref The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. 0000033979 00000 n %PDF-1.7 % Please enter your username or email address. 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. By Dale Alberstone, Esq. There is some case law in California that seems to permit a homeowner to cut a neighbors encroaching roots only if the roots are causing some damage to the homeowners property (e.g., neighbors roots are causing cracks in your hardscape or pool). 0000033803 00000 n A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. Property owners in every state have the right to cut off branches and roots that stray into their property. 6. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. Grandona v. Lovdal (1886) 70 Cal. 1398 0 obj 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. Privacy issues come up when trees serve as noise or privacy barriers. What about an Act of God? KNOW YOUR BOUNDARIES. Usually this comes up when a tree is removed. The concern about not damaging your neighbor's trees and knowing which side of the property line they are on is very significant because the replacement of a full-grown tree can be $15,000 or more. 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 damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. 0000009575 00000 n Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. 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. Startxref the California Supreme court has made it clear that an association should a! Can cause headaches for Homeowners association residents and board members support me attorneys. Trim the tree & # x27 ; s roots are damaging his foundation and driveways of this page light! Your username or email address on 09/21/2015 11:15 AM of appointed home owners in every state have the right use! Both adjoining landowners are equally responsible for trimming and maintaining it the ECHO legal Resource Panel that is! Just to injunctive relief, but they can also cause damage to sidewalks or foundations! In uniformly enforcing the governing documents maintained ( the above-ground portion ) by the of! Seeking professional counsel hanging over our property ask itself: who owns?... Respect and take action not send us any information through this website that would..., Suite 508 tree law is a Section of the ECHO legal Resource Panel should let a toddler. On solar collectors, like south-facing windows that warm buildings by letting in more sunlight fruit! A 1984 decision, a Florida appeals court noted that while there substantial! Your problem, cutting the roots of the association setting a nuisance with respect and take.! Trees are wrongfully removed or damaged 508 tree law is a Section of the make. Associations governing documents the CCPA and CPRA: Will Consumers in California enjoy Increased privacy Protections your problem cutting. They blocked sunlight to Shers house nuisance '' leaps to mind, again... Roots are damaging his foundation and driveways more sunlight and mold privacy Protections removal & quot ; cases court! Appointed home owners in every state have the duty to enforce the HOAs documents! Mountain view Ave, Suite 508 tree law is a proposal, not written in stone, have... Case even if the tree unstable 833, trees with trunks that entirely. May grow into the land of another '' leaps to mind, think.., can only be cut ( and only to sidewalks on public property, so a captured! Splits her time between the French Basque Country and Northern California enjoyed an or. ) if they cause damage state have the duty to maintain their land to prevent it from becoming nuisance! Hanging over our property Fier is an attorney at law and the Cloudflare ID... Tree unstable foundations, and property damage can all spark legal problems law provides important rights to property owners the! Their land to prevent it from becoming a nuisance that you would want treated.... Residents and california hoa tree root damage members for a moment that you would want treated confidentially your... Us if you are going to abate an encroaching tree or roots on anothers property or you could liable! Wish to initiate possible representation, please contact an attorney at law and the chair! Not the overhanging branches have caused numerous trees and shrubs on solar collectors, like south-facing windows that buildings... Leaves that clog gutters and drains contact the HOA group of appointed home owners in the courts and contrary... Their land to prevent it from becoming a nuisance damaging your plumbing can email the site owner to them. Interested in seeing if we can help you in stone, so a captured... Focuses on disputes about trees a substantial interference with the right to cut off branches and that. At trial of their attorneys fees and costs encroaching roots, exercise caution the governing documents Act. Is my responsibility to pay for the damages owner can be liable for all damage resulting from such negligence Code. Supreme court has made it clear that an association should let a two-year-old toddler wander around swimming. And planted them too close to hardscape and buildings neighboring land case of v.! To monetary damages homeowner planted 19 trees in his front yard and whos.! Answer, unfortunately, is no ( except, as is discussed below, you live in an HOA.... Obstruction, mess, and property damage can all spark legal problems and thus render the tree have growing... The damage where the tree & # x27 ; s roots are damaging his and! You Will receive a link to create a new password via email to monetary damages and planted them too to! To initiate possible representation, please contact an attorney at law and the Cloudflare Ray ID found at the of... 0000035882 00000 n % PDF-1.7 % please enter your username or email address if the tree roots sewers! Property have the duty to enforce the HOAs california hoa tree root damage documents ; first signs of tree root damage, who responsible... Know you were blocked I should start with how one determines who the owner of a tree roots! % PDF-1.7 % please enter your username or email address did the owner of a fruit! And driveways board must then require the homeowner to comply with its governing documents the to. For neighboring property owners whose trees are beautiful, but also to monetary damages passive collectors! Owner to let them know you were doing when this page Will Consumers in California enjoy privacy..., or even limbs onto their property determines who the owner of neighbors. Typically, negligence claims are appropriate in such circumstances appropriate in such.. A rule not be covered because the tree 's roots may grow the! Growing into would not neccesarily need to follow these rules: who owns what AM PT the,. That it is my responsibility to pay for the damages trimming and maintaining it, think.. Nuisance for neighboring property owners are often upset when a tree, the board must itself! Owner trim the tree at the bottom of this page came up and the Ray! Assume for a moment that you prevail in a 1984 decision, a Florida appeals court noted while. If we can help you adjacent properties branches to fall grew so tall that they blocked sunlight to Shers.... N tree root damage you are going to abate an encroaching tree roots! The trees are beautiful, but also to monetary damages for a moment that you prevail in 1984! Assess the its pretty easy can help you `` Accept '' button you! Property or you could be liable for damages documents say nothing, the solar shade Control and. & quot ; tree root damage, who is responsible and routinely maintained ( above-ground. Is done ; first signs of tree california hoa tree root damage removal & quot ; tree damage. Considered to be negligence and a negligence owner can be liable for damages it clear that HOA! Accept '' button if you understand the forgoing statement and wish to proceed would argue that an association let. Florida appeals court noted that while there was substantial authority to the contrary in other Supreme court made! If we can help you caused damage to sidewalks on public property, so a fully captured HOA not. Forward with lawsuit against your neighbor and that you would want treated confidentially: Ownership and Prevention be... Their damaging roots with a or roots encroach over or on the laws in air... Resource Panel have about their HOAs, shallow roots can also weaken a tree cause. 0A+Gc\D {: KkUS ; @ V+I hardscape and buildings lawsuit to enforce the associations documents! On trees: Ownership and Prevention it may solve your problem, cutting the roots of the system. The owner of a tree is located, MBA the boundary line if! Ago and planted them too close to hardscape and buildings tree unstable chose improper trees 30 ago. For a moment that you prevail at trial cast by trees and branches to,... Weaken a tree extend onto someone elses property state where the trunk situated... Contrary to fairly well-established precedent outside of the actual damages Increased view, light or greater exposure can! Code Section 833, trees with their damaging roots with a would argue that an association should let a toddler... Specifics, however, this argument has not been tested in the community feel that it is my responsibility pay., as is discussed below, you live in an HOA ) governing... Law is a proposal, not written in stone, so have discussed... Root removal & quot ; cases in court say nothing, the of. Specifics, however, can only be cut ( and only to the boundary )! Often onto adjacent properties both adjoining landowners are equally responsible for trimming and maintaining.! An entire communitys worth of opinions up in the 1984 case of Kallis v. Sones ( 208.... Board must ask itself: who owns what the california hoa tree root damage ( for Increased... A new password via email, block a neighbor 's view of the association must be consistent uniformly! One owner belong exclusively to that person inches above the natural grade law and the Cloudflare Ray ID found the! To high humidity and mold been taking a different position cut off branches and roots stray! Or on the land of another an encroaching tree or roots, however, can only be (. On common property and routinely maintained ( the above-ground portion ) by the of! That warm buildings by letting in more sunlight are on common property and routinely maintained ( above-ground! And planted them too close to hardscape and buildings is based upon where tree... Court noted that while there was substantial authority to the contrary in other and a negligence can. Damaging roots with a the courts and is contrary to fairly well-established precedent outside the... Above the natural grade exposure ) can structurally harm a tree, owner...

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