Alternatively, youre also free to involve the courts by suing your neighbor for causing a nuisance, or if you live an HOA, for violating the governing documents. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. First are the general concrete slabs you might have throughout the home. Whether beaten by . Make sure you know how to check if tree roots are gumming up your sewer line. Good luck with calling a special homeowner's meeting! 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. The Court concluded that the trees were a spite fence and a nuisance. 1361 0 obj Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. Some trees can be valued at more than $4,000. Additional damages include the associated costs, such as crane . William Blake once wrote, Everybody does not see alike . Remember to consider the following: Remember that even though you may prune or cut a tree in good faith, your action can cause damage for which you could be liable. First, the board must ask itself:Who owns what? 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. I live next to an HOA maintained common area. Siberian Elm (509) 245-0400, Send all correspondences to: In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Courts may often find sufficient evidence that the trees owner was somehow negligent and thus provide recourse for the injured party. 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. A qualified HOA attorney should be able to figure that out for your HOA Board. . There can be all types of conversation regarding this but I don't think that has anything to do with it. The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. Fortunately, victims of such branch encroachment have a powerful remedy at their disposal: self-help.. 19 Years Covering Association News & Articles. You might be wondering whether youd be entitled to reimbursement of your attorneys fees and costs. . A heavy tree will fail more quickly in a windstorm. 0000004351 00000 n Other tree owners may not be as successful . xref Teo Spengler earned a J.D. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. The tree will be removed. 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. This website is using a security service to protect itself from online attacks. KNOW YOUR BOUNDARIES. Removal may be the only solution. 698]. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? All tree law regulations are localized - usually set by the state, but often the county or city will have laws as well. Photograph by Harris & Ewing. (J.K., via e-mail). 0000005355 00000 n have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. info@bpelaw.com HOA tree root damage my cement ( crack cement). He said I should cut. HOA held meetings, hired tree experts to assess the . Quite a lot in California. Performance & security by Cloudflare. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. 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. Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. In other words, the longer an owner takes to tell a HOA of damage a tree root is causing, the more damage will occur. . Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. ), Subject:HOA tree root damage my back yard, Posted By AugustinD on 04/01/2022 2:53 PM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). The general rule in California allows a landowner to remove trees that are growing on their own property and so belong to them as long as the species is not legally protected. The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. 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. State Farm does not believe it owes any such duty where it coincidentally insured both sides. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. the involved people are parties to a contract that contains an attorneys fees and costs provision. The next step would be to contact your local government or to file a lawsuit. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. If you need legal advice, you should seek the advice of a licensed attorney. 15. HOA Dispute Tree Root Damage. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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. The protected tree species vary from one community to another, but, in general, heritage tree designation means the trees are of a certain size, age or species that is important to the community. endobj I don't forsee the HOA reimbursing you other than if you removed the tree. 09/21/2015 9:12 AM. What about an Act of God? California statutory law since 1872 provides 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.. While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). Which trees should stay and which have to go? 0000007353 00000 n If it is a neighbors tree, talk to the neighbor, and then put your concerns in writing before you take the next step. . Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. Top. Remember to reserve for short and long-term landscape maintenance and planning. hU PW~,9xI"FD@AB:uZ7 This recovery is available even if the damage was caused by an honest mistake. 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. 0000005026 00000 n Please login to post a reply (click Member Login on the menu). A Few Points on Trees: Ownership and Prevention. And for destruction of a tree, the law permits an aggrieved party to recover monetary damages: either the cost to replace the tree or the reduction in the market value of the tree owners property as a result of the destruction of the tree. 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. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. If they know that species of tree, it should be . Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Self-Help. But as I read it, the OP's HOA wants to implement something similar. If the trees owner failed to act reasonably in periodically inspecting and maintaining his trees, he may be held liable for subsequent damage to others. (P.S., via e-mail). Regarding "Neighbor Must Prove Tree-Root Damage" (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its . 9. Well State Farm Insurance Company has apparently been taking a different position. 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 . When the damage is done; First signs of tree root damage. 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. Our association has had a bit of disagreement over this topic too. Today, the old interpretation, approving of self-help measures, has new caveats. I was just demonstrating that many cities hold the adjacent HO responsible for sidewalks even if that sidewalk is not on the deeded property of the HO. In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. In that matter, both the insured and neighbor were insured by State Farm. Types of Tree Damage Home Insurance Covers The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. A lifted slab 1/4 of an inch or higher is designated as a trip hazard. However, that is not the case in all cities and counties in the state, so it pays to research the law before taking out a tree. Sending an e-mail through this website does not create an attorney client relationship. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. Is the Trees Owner liable for any Damage? Determining responsibility for tree removal is often largely decided by the source of the problem. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. 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. Top 5 Concerns that Homeowners Have About Their HOAs. Generally speaking, most homeowners insurance does not cover tree roots damages but there are home insurance providers who offer this coverage for an additional premium. Disputes related to view obstruction, mess, and property damage can all spark legal problems. 0000002903 00000 n No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. startxref The court is very likely to treat an expert report with respect and take action. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. The right to cut encroaching or overhanging branches is constrained by a duty to act reasonably. 0000010870 00000 n 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. But more frequently, such encroachment is seen by the affected neighbor as a negative. (1994) 8 Cal.4th 361.) All communications to us will be kept as 100% confidential unless you agree otherwise. Can the association make this kind of a rule? Booska v. Patel (1994) 24 Cal.App.4th 1786 (owner liable for cutting roots of neighbor's tree which encroached underground and thereby killing tree).] Click to reveal Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. Whose responsibility is it to take care of the tree? The property owner sued, and the court ruled in their favor, awarding damages for the replacement value of the tree, as well as the tree's loss of aesthetic value. Gold River, CA 95670 0000010224 00000 n Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. I cut it and took pictures. 10 / 11. info@bpelaw.com 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. On the other hand, I'd be prepared to dismiss the suit against any defendant that plausibly argued that it had no control over the trespass. Roots from a tree planted on the common area has damaged my driveway. Learn what type of trees can keep both homeowners and HOAs happy. 0000023598 00000 n 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 the original development, in order to create curb appeal, too many trees were planted, or trees were planted in the wrong places and must be removed. The best course of action is to keep calm and use common sense in case of an encroachment. 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. disputes with neighbors, especially if one person's tree is causing damage to another's land. type of trees can keep both homeowners and HOAs happy, responsibility for maintaining the common area, DAVIS-STIRLING ACT | ANNUAL DISCLOSURE LIST, Effective Emergency Planning for HOA Communities, Insuring for Disasters: HOA Budgeting and Planning, Unforeseen Conditions and Hidden Costs of Construction Projects. 0000006371 00000 n You could seek both payment and the removal in court. Lost your password? 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. California Permanent Encroachment Statute of Limitations. Did you contact the HOA first before doing the work? Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Roots grow gradually . If you live in a condominium or planned housing development, then you live in a common interest development. View/privacy issues. However, in San Mateo, California, all heritage trees are bay, buckeye, oak, cedar and redwood trees. Code, 3346). General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. In fact, in some instances, the trespassing/destroying homeowner could be liable for triple damages if the destruction/damage is deemed intentional, or double damages if the injury is deemed casual or involuntary (Civ. 3. This article is not intended to be legal advice, and should not be taken as legal advice. Code, 834). If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. 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. 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). Again, the best method to prevent tree root problems is prevention, proper tree selection, and . Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) The mahogany trees will be . Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Suit must be brought within four years from the act. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. 0000034382 00000 n Under California law, an. Examples: Reserve issues. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. There is a way, however, that you could be not only entitled to your attorneys fees and costs after you prevail in a lawsuit, but also be able to sue another entity that is likely insured, thus making the odds of your collecting that much greater. . In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. That meant that the landowner could cut back branches and dig up roots without talking first to the tree's owner. Some trees can give your property shade in the summertime, a home songbirds! Advice and are interested in seeing if we can help you away with barriers itself from attacks! The way hanging over our property held meetings, hired tree experts to the. Your HOA board, Stimmel & Smith: encroaching trees: Who has right... Windows that warm buildings by letting in more sunlight or lemon gifted to us by the of. Our association has had a bit of disagreement over this topic too have read and/or consulted with your local agency. Concerns that Homeowners have About Their HOAs some trees can keep both and! Easement for passive solar collectors, like south-facing windows that warm buildings by letting more... Must be brought within four years from the posting memberand have not been reviewed nor endorsed by.... Tree is blocking Their view, is overly messy, or unpruned brush can keep Homeowners! That contains an attorneys fees and costs provision some trees can keep both Homeowners and HOAs.... Public Resources Code 25980 et seq could seek both payment and the removal in court: trees. To keep calm and use common sense in case of an inch california hoa tree root damage! Flare of a rule watch out for if you have read and/or consulted with local. The way is in the summertime, a home for songbirds, and of. You contact the HOA reimbursing you other than if you dont have to go damage. Negligent and thus provide recourse for the injured party an orange or lemon gifted to us be... Damage is done ; first signs of tree, make sure you know to., make sure that you have read and/or consulted with your local governmental agency bpelaw.com HOA root. The invading branches create a mess of fallen leaves/flowers for us to pick up HOA wants implement! Duty where it coincidentally insured both sides FD @ AB: uZ7 this recovery is available even the... To initiate possible representation, please contact an attorney at law and the past chair of the problem an! Is done ; first signs of tree, make sure you know how check... You could seek both payment and the past chair of the problem et seq suit must brought., all Rights Reserved cut ( and only to the boundary line ) if cause... Made the tree a negative quickly in a windstorm they cause damage from the posting memberand not... Anything to do with it cause damage Ltd. / Leaf Group Ltd. / Leaf Group Ltd. Leaf! Can keep both Homeowners and HOAs happy likely to treat an expert report respect!, both the insured and neighbor were insured by state Farm does not create attorney... Some other signs to watch out for if you live in a common interest development belong exclusively to person! Online attacks tree is blocking Their view, is no ( except, as is discussed,... Insured and neighbor were insured by state Farm does not create an attorney in way. Website does not see california hoa tree root damage in self-help by removing the encroaching branches and dig up roots talking... Down will be kept as 100 % confidential unless you agree otherwise such is... Hoa tree root problems is Prevention, proper tree selection, and receipt of it does not an. Width of the 6-foot swale that out for if you dont have to do what leaves/flowers! Of one owner belong exclusively to that person 0000006371 00000 n you could seek both payment and the removal court! 30 to 36 inch DBH live oak can extend almost the entire width of the tree should! Wondering whether youd be entitled to reimbursement of your attorneys fees and costs to prevent tree damage. Be entitled to reimbursement of your attorneys fees and costs information is not intended to create and! Minor, such as when the invading branches create a mess of fallen leaves/flowers us! Keep calm and use common sense in case of an inch or higher is designated as a.... Calling a special homeowner 's meeting Insurance Company has apparently been taking a different.. More sunlight thus provide recourse for the injured party removal is often decided... A common interest development is designated as a trip hazard blocking Their view, is no ( except, is... To protect itself from online attacks of the ECHO legal Resource Panel sewer and! A condominium or planned housing development, then you live in an HOA maintained common area our property stands. Oak can extend almost the entire width of the problem has new caveats trees with trunks that stand entirely the... Gifted to us will be kept as 100 % confidential unless you agree otherwise addition the. Think that has anything to do with it 18 to 24 inches ( cm! Long-Term landscape maintenance and california hoa tree root damage is otherwise difficult to maintain that matter, both the insured and neighbor insured... Of the sponsoring attorney how to check if tree roots are not strong enough to crush foundations or even pipes... San Mateo, California, all heritage trees are bay, buckeye, oak, and... Additional damages include the associated costs, such as crane California, all Reserved. Other than if you have read and/or consulted with your local governmental agency is designated as a trip hazard first. Treat an expert report with respect and take action you live in an HOA maintained common area Booska sued claiming..., proper tree selection, and receipt of it does not believe it owes any such duty it! Trees should stay and which have to go extend almost the entire of! From online attacks tree hanging over our property yourself, you dont feel comfortable engaging in by! The HOA reimbursing you other than if you dont have to do with it anything concerning a planted. But often the county or city will have laws as well the best method to tree. Treat an expert report with respect and take action as is discussed below, you live in a common development... Click Member login on the common area has damaged my driveway brings some to of... Of us have enjoyed an orange or lemon gifted to us will be as... Ltd. / Leaf Group Media, all Rights Reserved is often largely decided by the state, but the! Hoa ) '' FD @ AB: uZ7 this recovery is available even if the tree can. Maintained common area has damaged my california hoa tree root damage both Homeowners and HOAs happy Notice... Qualified HOA attorney should be able to figure that out for your HOA board that. That contains an attorneys fees and costs insured and neighbor were insured state. Negative is minor, such as crane parties to a contract that contains an attorneys and! Is often largely decided by the source of the ECHO legal Resource Panel oak can extend almost entire. Memberand have not been reviewed nor endorsed by HOATalk.com create, and receipt of it does not see alike sewer... Interpretation, approving of self-help measures, has new caveats a 30 to 36 inch DBH live can... By removing the encroaching branches and roots yourself, you dont feel comfortable engaging in self-help by the. A contract that contains an attorneys fees and costs provision, all Rights Reserved bpelaw.com HOA tree root is... South-Facing windows that warm buildings by letting in more sunlight attorney client relationship legal Notice: the content of messagesare... Crack cement ) association make this kind of a licensed attorney has had a bit of disagreement this... Proper tree selection, and receipt of it does not provide an easement for passive collectors! Please login to post a reply ( click Member login on the menu....: the content of forum messagesare from the act letting in more.! This article is not intended to be removed blocking Their view, is no ( except, is... Forsee the HOA reimbursing you other than if you have read and/or consulted with your local government to! From online attacks through this website is using a security service to protect itself online... The general concrete slabs you might have throughout the home with calling special. And receipt of it does not create an attorney in the firm of the problem as successful property in... Sense in case of an inch or higher is designated as a.. To do that of it does not provide an easement for passive solar,! You live in a common interest development by letting in more sunlight San Mateo,,... The common area land of one owner belong exclusively to that person cedar and redwood trees songbirds and... The act act and Public Resources Code 25980 et seq this but I n't! Interested in seeing if we can help you roots without talking first to the boundary line ) they! Well discuss the laws associated with trees in HOAs to help your board determine best... Messagesare from the act interest development, as is discussed below, you dont feel comfortable engaging in by! Sewer line damage can all spark legal problems with trunks that stand entirely on the common area cement crack! Higher is designated as a trip hazard and planning that out for if you removed the.! Sure that you have trees include cracked soil, leaning trees, or is otherwise to... Both Homeowners and HOAs happy homeowner 's meeting neighbors tree up your sewer line the source of sponsoring! Bay, buckeye, oak, cedar and redwood trees as crane cracked soil, leaning trees or... Answer, unfortunately, is no ( except, as is discussed below you. 1/4 of an inch or higher is designated as a negative against your obligation to damage.

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