When Trees Damage Property

Trees are often causes of disputes between neighbors, especially if its location is around the boundary line of their properties. When trees damage property, there are various types of judicial laws with different scenarios that now regulate trees. In California, laws were established to regulate these disputes that can arise among neighbors regarding trees that are generally growing or have grown into full trees along their property lines.

Here are some situational cases where we can learn more about how to deal with full grown trees in our neighborhood and prevent lawsuits.

Would I be entitled for compensation if my neighbor dug up his yard and in the process killed a tree that’s just on my side of the property line?

The answer would be a big yes. In this situation, the tree owner has the right to claim for compensation or damages. The California law strictly mandates that anyone who engages in tree cutting, tree removal or any activity that would mete out injury to the tree without the owner’s permission is liable for compensating the tree owner. There were several cases in the past were compensation amounted to three times the value of the tree.  It would best to simply talk to your neighbor to avoid court proceedings and compensate your neighbor on the value of his tree.

Would a neighboring tree owner be responsible for damaging my house, a car or yard furniture which was damaged due to a falling limb from his tree which was knocked down by a storm?

In this case, the court will decide probably applying the reasonable care standards.

On one side, if your neighbor have taken reasonable care in maintaining the tree branch which did not seem to be threatening to fall then he probably would not be liable.  The court will deem it as an Act Of God or An Act of Nature.

On the other side however, the court could find that a reasonable person would have known that the tree branch already posed a danger of falling. Furthermore, that the tree owner failed or never did a reasonable inspection to maintain the tree branch. The court can find the tree owner liable for negligence and responsible for the damages.

What should I do if my neighbor’s tree looks like it’s going to fall on my house?

Growing tress on your property has also its own obligations and responsibilities. Legally, trees owners have two duties: make reasonable frequent inspections and ensure the tree is safe. Whenever a reasonable inspection shows that the tree could be dangerous, the tree owner is responsible for removing the tree. The tree owner can be held liable if he/she does not remove the dangerous tree and the tree does in fact cause damage to your home.

There are laws that protect you when nothing is done after you have spoken to your neighbor about a tree issue. When a tree constitutes a nuisance and interferes with your enjoyment of your own property and its use, you can file a nuisance claim. If the court finds that the tree is actually a nuisance, the court can order removal of the tree.

In California, most cities have ordinances that prohibit property owners from maintaining or keeping dangerous conditions on their property. Therefore, you may not have to go to court anymore. All you have to do is call your municipality and they may remove the tree themselves or simply order your neighbor to remove it.

Local utility companies may also have an interest in removing the tree if its condition threatens any of the company’s equipments. By just a simple call to a utility company, they may send people to remove the tree themselves.

Is a tree owner liable for damage when his tree roots damaged the neighbor’s septic tank?

Checking with your specific state laws is not harmful. In most states, an annoyed neighbor can engage in tree trimming or root cutting herself and does not have a claim against the tree owner. However, there are states where neighbors can sue if the following conditions are met:

• A landowner may sue her neighbor to make that neighbor trim the branches that encroaches his/her property, regardless of damage to property.

• Serious harm caused by an encroaching tree limb or tree roots can easily result in a lawsuit. In serious harm lawsuits, it usually requires a structural damage like; damaged of roofs or walls, cracked foundations, clogged or clogged sewers, and crushed pipes.

• A neighbor can also file suit about an encroaching tree which was originally planted and have not grown wild.

• One can also sue if a tree is found to be noxious. Noxious means the tree is inherently dangerous, lethal, harmful or poisonous and the tree can cause actual damage.

Lawsuits have been successful in settling disputes when trees damaged property or are a nuisance and interferes with the neighbor’s enjoyment and use of his/her property.

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