First, the board must ask itself:Who owns what? 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. William Blake once wrote, Everybody does not see alike . Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. 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. KNOW YOUR BOUNDARIES. Your IP: Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. 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. Usually this comes up when a tree is removed. %PDF-1.7 % 0000002926 00000 n Which trees should stay and which have to go? Our association has had a bit of disagreement over this topic too. When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. The CCPA and CPRA: Will Consumers in California Enjoy Increased Privacy Protections? This includes maintaining and preserving landscaping. Now What? 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. 15. If it appears that there is potential for harm from the tree's encroachment, a danger to life or property, bring in a tree specialist to confirm the danger. If its on the property line, it is deemed to be owned by the owners of both properties. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. 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. (1988) 206 Cal.App.3d 92, 101-102 & fn. 0000002903 00000 n Well State Farm Insurance Company has apparently been taking a different position. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. She holds both an M.A. The roots can invade common area sewer lines, causing backups into homes. Storm Damage. 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. The answer is complicated and varied dependent upon a number of facts. 192.169.226.96 (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. 0000010224 00000 n (Nahrstedt v. Lakeside Village Condominium Assn. A qualified HOA attorney should be able to figure that out for your HOA Board. Code, 834). Ellensburg, WA 98926 The best course of action is to keep calm and use common sense in case of an encroachment. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Whether beaten by . 0000001056 00000 n If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. You should not send us any information through this website that you would want treated confidentially. Roots from a tree planted on the common area has damaged my driveway. Code, 3346). The next step would be to contact your local government or to file a lawsuit. If this cannot be done, then the neighbor should bring a legal action against the trees owner for nuisance which could compel him to trim or even remove the tree and repair any damage. Or, even worse, block a neighbor's view of the ocean? 0000015050 00000 n However, tree roots cause damage to foundations in two ways. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. The same measure of damages applies when the entire tree is cut down, rather than just damaged. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Rules in Subdivisions Types of Tree Damage Home Insurance Covers California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. When the damage is done; First signs of tree root damage. 0000009575 00000 n The tree owner knew or should . No such action should be undertaken without first seeking to get the trees owner to remedy the problem. 0000007789 00000 n But more frequently, such encroachment is seen by the affected neighbor as a negative. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. 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. In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. 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. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. Before lifting that ax or chain saw, it's wise to get an overview of California laws regarding trees. Instead, under California law, a prevailing party is only entitled to attorneys fees and costs if at least one of the following is true: In the case of a statute, there are several laws on the books that specifically state that a plaintiff who brings a civil lawsuit to enforce that statute is, if successful, entitled to reimbursement of their attorneys fees and costs. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. Grandona v. Lovdal (1886) 70 Cal. By Dale Alberstone, Esq. 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). 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 . For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. "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." 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. While you have solved one problem, you have created another. (Created between 1913 and 1918). 0000023774 00000 n 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. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Sept. 24, 2000 12 AM PT. One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. Lost your password? It costs me $4500 to repaire and asked them tp reimburse. Tree law is a section of the legal system that focuses on disputes about trees. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. Teo Spengler earned a J.D. As mentioned in prior Articles, California law is clear that a neighbor has to act reasonably in trying to stop actual or potential damage from a neighbors trees. Top. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. 0000023598 00000 n <> It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. Previous Post. 0000000016 00000 n . Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. Here's how tree roots can have an impact on different types of home concrete. The association must make tree removal decisions based on previous actions taken by others. Talk to the individual who owns the tree and tell them about the problem. It is designed to help owners, board and committee members . A homeowner planted 19 trees in his front yard. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. 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 caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. My son is 15 and uses the pool and the gym regularly to exercise and I dont think I need to be there with him when he does this. 0000005355 00000 n A homeowner plants or maintains landscaping in the common area without the written permission of the board (this is usually a requirement in the CC&Rs). What about an Act of God? Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. 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