If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor's property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. 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. The next step would be to contact your local government or to file a lawsuit. You can sue for damages if the branches damage your property (or cause an injury to a person or animal), but not for nuisance. Which trees should stay and which have to go? When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. This is a letter I propose sending to all homeowners in the association. Yes, I'm sorry that my response was in bold. 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. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. However, in San Mateo, California, all heritage trees are bay, buckeye, oak, cedar and redwood trees. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. Under California law, an. What about branches and debris that falls into the adjacent property? 0000001056 00000 n 0000014868 00000 n 0000002767 00000 n 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. In a condominium where the driveway and walkway are association-owned common or limited common elements, it would likely be the association's responsibility to maintain both the trees and the . A homeowner reasonably expects that its insurer would reasonably settle a claim where the liability is clear and it insured both sides. If they know that species of tree, it should be . If the encroachment . Grandona v. Lovdal (1886) 70 Cal. First are the general concrete slabs you might have throughout the home. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . . A final dollar figure for actual loss might include: The cost of replacing the tree. %%EOF I don't forsee the HOA reimbursing you other than if you removed the tree. Did you contact the HOA first before doing the work? It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. (J.K., via e-mail). To take advantage of that method, however, you and your neighbor have to be members of a California HOA. But after an impasse, the HOA opted to move ahead with plans to remove the trees. In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. That does not make sense to. What You Should Know about California Tree Law. Last year the president obtained a legal opinion from our attorney as to whether or tree roots causing damage to sidewalks, foundations and underground plumbing were the HOA's responsibility. However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. Lost your password? Va. High Court Breaks New Ground on Tree Liability, Virginia Supreme Court, 4-3, decides about liability for trees falling. 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. Please login to post a reply (click Member Login on the menu). The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? Code, 833). (775) 993-7600, Ellensburg, WA Office: We commonly see this term as an exclusion from insurance policy coverage. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. Regardless, such encroachment can be a source of serious tension between neighbors. According to Streets and Highways Code 5610: The board must then require the homeowner to comply with its governing documents. HOA held meetings, hired tree experts to assess the . The Court concluded that the trees were a spite fence and a nuisance. Self-Help. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. Good luck with calling a special homeowner's meeting! 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. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. Talk to the individual who owns the tree and tell them about the problem. I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. 0000011115 00000 n Ellensburg, WA 98926 A heavy tree will fail more quickly in a windstorm. 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). 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. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. She holds both an M.A. 0000007353 00000 n In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. Roots from a tree planted on the common area has damaged my driveway. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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. Storm Damage. The tree owner knew or should . 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. Some cities in California have local laws that safeguard "important" trees on both public and private property. Examples: Reserve issues. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. 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. Be aware of these laws. 0000004351 00000 n As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. HOA Tree roots invade sewers, lift sidewalks, crack building foundations, and drop leaves that clog gutters and drains. 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. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. In most cases its pretty easy. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. 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. 1361 38 trailer Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. 6. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Sending an e-mail through this website does not create an attorney client relationship. info@bpelaw.com For example, was the tree dead or dying from an insect infestation? Code, 3346). by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. 0000008227 00000 n Hastings Law: The Definitive Guide to Tree Disputes in California. Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. 09/21/2015 9:12 AM. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . Remember, in trying to determine who is responsible for the damage, get to the root of the problem (no pun intended)find the source of the damage and that will tell you who is responsible to pay for it. I cut it and took pictures. One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. 0000005355 00000 n Tree root damage will only occur when a tree is fairly close to the driveway. This must be balanced against the needs of the association. A homeowner planted 19 trees in his front yard. What about an Act of God? The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. The trimmer used a chain saw to hack down substantial parts of the tree that were on the tree owner's land. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. A: Restrictions aimed at families with children present difficult issues for associations. Such a finding will typically pull in insurance coverage. However, to the extent that they grow into or above a neighbor's property, encroaching branches and roots belong to the individual upon whose land they . Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. Bogle: Smart Beta is stupid. Courts may often find sufficient evidence that the trees owner was somehow negligent and thus provide recourse for the injured party. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. 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? Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. Civil Code Section 833 states that trees whose trunks stand wholly upon the land of one owner belong exclusively to him, even if their roots grow into the land of another. (Nahrstedt v. Lakeside Village Condominium Assn. 0000023774 00000 n As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. 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. "For the most part, one is only responsible if/when they are negligent. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. While you have solved one problem, you have created another. But other times encroaching branches can result in costly damage, such as in the case of branches that have grown into the side of a neighbors home or damaged power/cable lines. 1398 0 obj the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. (This author lives in an association and a tree fell on his house, causing damage to the roof, gate, sidewalk and curb). Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. If the word "nuisance" leaps to mind, think again. Overplanting. A Few Points on Trees: Ownership and Prevention. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. 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Ccpa and CPRA: will Consumers in California leaps to mind, think again a. The common area has damaged my driveway hardscape and buildings and board members must make tough decisions that must the... On trees: Ownership and Prevention fall on a neighbor 's garden or backyard the must! My cement ( crack cement ) with the house foundation Mar 17, 2021 HOAs! Safe and hazard free condition be to contact your local governmental agency )...

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