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Neighbors tree roots damaging my property.

Salinas, CA |

Since 2008 my neighbor's tree roots have caused my cement walkways and driveway to crack and raise. With his permission I paid $500 to have his tree removed. In 2009 two section of our mutual fence had to be replace as the roots pushed up the posts which I paid $320 to repair. in 2009 I replace a side walkway due to cracking and raising at a cost of $810. His trees drop pine cones in my driveway which have damaged top of my car and the hood (I can not use my driveway for parking a vehicle.) He refuses to either remove the trees or put in a root barrier due to the cost. Two months ago I noticed cracks in my garage floor and walls . A stuctural engineer determined the neighbors roots have caused $14,000 of structural damage. Is my neighbor liable for damages cuased by his roots.

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Attorney answers 1


Retain an attorney. Have the attorney serve notice by way of correspondence that serious property damage has been done to your property by the trees which are in his control. Demand that the trees be removed within 30 days and that whatever value that you and the attorney determine is fair, shall be paid within that 30 days, or you will institute litigation.

I know that there are people who will whine that we have a "litigeous" society. However, laws were created at the very most basic level to protect life liberty and property. If the neighbor blows off your correspondence, do not hesitate to take the dispute to court. That's why they built courthouses.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.