Several years ago I contacted my neighbor for damages his overgrown tree trunk and roots have made to my property.

Asked 11 months ago - Reseda, CA

The owner (attorney) of the property told me to contact his insurance company, which denied my claim by stating "IT WAS AN ACT OF GOD" therefore not covered. Since then about 20 fee of the block wall was pushed out and collapsed on my sidewalk, there is a big opening between my house and his house (rented) which causes me to not being able to have any animals or children in the yard, but also has become a dangerous area to walk for anyone who comes in my property. The roots of his tree have lifted and cracked the sidewalk and the foundation of my house. What are my right? please advise.

Attorney answers (3)

  1. Golnar Sargeant

    Contributor Level 19

    2

    Lawyers agree

    Answered . Hire a lawyer to sue the homeowner neighbor. He/she can deal with their insurance company, it's not your problem. One of them has to pay. Don't waste your time anymore. Use the "find a lawyer" tool on AVVO.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The owner of the tree is responsible for damage caused by the tree. I agree that you should contact your insurance company, his insurance company, send him a written demand by certified letter.
    You may also want to contact a lawyer, but there is no reason to delay submitting insurance claims.

  3. Sagar P. Parikh

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Have an attorney make a claim with the insurance company and/or file a lawsuit.

    I'm a real estate broker as well as an attorney.

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