But, absent some physical damage, California law does not provide any relief for the offended neighbor unless they can prove the tree was improperly maintained. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). What about branches and debris that falls into the adjacent property? info@bpelaw.com 0000010610 00000 n An HOA maintains the front yard of the homes in the association. While you have solved one problem, you have created another. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. Types of Tree Damage Home Insurance Covers Cloudflare Ray ID: 7a146cb02ee77a90 In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. AOA: Tree Law All You Need to Know! The root flare of a 30 to 36 inch DBH live oak can extend almost the entire width of the 6-foot swale. 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. This website is using a security service to protect itself from online attacks. 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. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. 0000014868 00000 n In most cases its pretty easy. (509) 245-0400, Send all correspondences to: Some trees can be valued at more than $4,000. 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. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. 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. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. Q: I live in a gated homeowners association. Previous Post. Reno, NV Office: And some cities have heritage tree ordinances that require preservation of certain types of trees by age/species (e.g., redwoods), height, and/or size (e.g., a tree whose trunk has a circumference of 50 inches or more). Tree Root Damage An HOA maintains the front yard of the homes in the association. ), 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 ). Here's how tree roots can have an impact on different types of home concrete. 0000004694 00000 n A final dollar figure for actual loss might include: The cost of replacing the tree. If they refuse, then the neighbor should engage the services of a licensed arborist to trim the roots and branches is such a way as to reduce the property damage while not injuring the tree. The tree will be removed. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. Now What? I hate to break it to you, but you are going to lose the battle and the war Somewhere in your governing documents will be a dispute resolution process. Our association has had a bit of disagreement over this topic too. Such trees should be planted at least 50 feet from any part of a drainage system, and ideally at the end of the system where the soil is less saturated. 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. 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 ). On the other hand, if the damage caused another issue, such as your pipe bursting and water flowing into your home, then you might be covered for the water 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 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. This is a proposal, not written in stone, so have you discussed your concerns with the Board? Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. At first blush, it certainly seems capable of withstanding a challenge in court. Family Handyman. 3. 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. Other tree owners may not be as successful . Our residents held a special meeting last year in which none of the board members attended. It costs me $4500 to repaire and asked them tp reimburse. Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Overplanting. If a person is selling a home and there is any history of problems with adjacent trees, this should always be disclosed even if there has been no actual physical damage. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. A Few Points on Trees: Ownership and Prevention. Today, the old interpretation, approving of self-help measures, has new caveats. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. But as I read it, the OP's HOA wants to implement something similar. The roots can invade common area sewer lines, causing backups into homes. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. Tree ownership is based upon where the trunk is situated. 3rxwB"7:u~;?FYp*q$n;s"%sh`1?)?%mP6T Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. If they know that species of tree, it should be . 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. In California, Civil Code 833 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." Property owners must be mindful of tree maintenance. The court also found that the prohibitions based on children of less than a designated age was not the least restrictive means by which the community could protect the health and safety of children and residents, safety would be better served with a proficiency requirement. and an M.F.A in creative writing and enjoys writing legal blogs and articles. (1988) 206 Cal.App.3d 92, 101-102 & fn. 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. However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. (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. 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? One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. This recovery is available even if the damage was caused by an honest mistake. View/privacy issues. 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. See letter below. And then, even in such cases where damage has occurred, if the offending neighbors tree was damaged during the root removal, the courts in California will conduct a balancing test in assessing whether the removing party acted reasonably under the circumstances. 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. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. . Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. 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. 0000002903 00000 n Suit must be brought within four years from the act. Except as described below, you will not, however, be entitled to your attorneys fees and costs. 192.169.226.96 This is the case even if the tree's roots may grow into the land of another. 0000009134 00000 n from U.C. 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. Some cities in California have local laws that safeguard "important" trees on both public and private property. By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 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. Code, 834). California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. Now He Has To Pay Thousands. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Ellensburg, WA 98926 William Blake once wrote, Everybody does not see alike . Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. Species such as weeping willows, Monterey. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. However, the tree law has changed over the years. Removing a tree that a homeowner wants to remain. Please login to post a reply (click Member Login on the menu). 0000010870 00000 n It awarded a $245,000 contract Oct. 6 to Lake Worth-based Power Group Total Care. 15. It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. 0000029343 00000 n 0000033803 00000 n 0000002926 00000 n When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. (Created between 1913 and 1918). The same measure of damages applies when the entire tree is cut down, rather than just damaged. Roots from a tree planted on the common area has damaged my driveway. Not necessarily. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. . What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. You can email the site owner to let them know you were blocked. While it may solve your problem, cutting the roots can also weaken a tree and cause it to fall. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. Please login to post a reply (click Member Login on the menu). No problem (everyone misspells it!) A recent case involved a line of trees that blocked the view of the mountains. App. V@nLK'%90U)H1~Et"!. In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. The only things that change this dynamic are: 1. The association often has responsibility for maintaining the common area. 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. . The trees were ordered removed. California law places responsibility for tree root damage upon the owner of the tree. HOA tree root damage my cement ( crack cement). That does not make sense to. Photograph or videotape the encroachment both before and after you take action. The court is very likely to treat an expert report with respect and take action. The answer is complicated and varied dependent upon a number of facts. 0000006371 00000 n 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. Did you contact the HOA first before doing the work? Also be careful when cutting roots. This is a letter I propose sending to all homeowners in the association. Photograph by Harris & Ewing. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. Property owners in every state have the right to cut off branches and roots that stray into their property. "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." Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. I took a picture to prove the tree root under the cement. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . 1398 0 obj A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. Self-Help. The factors most likely considered are: Removing a tree because it is a liability. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. 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).] Or, even worse, block a neighbor's view of the ocean? But if the downed tree caused no. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. This article is not intended to be legal advice, and should not be taken as legal advice. The board must then require the homeowner to comply with its governing documents. 0000033979 00000 n in a trench around the root zone. Tree roots have a measurable impact on the concrete all around your home. The invasive tree roots can also undermine foundations and patio slabs. About the Author: Attorney Pete Wittlin, is a 38-year southern California real estate law litigator and counselor, who may be reached at his law office in Irvine, California, at telephone (949) 430-6366 . For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. 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. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. The rule should always be: if the Seller thinks that this has been an issue, they can be reasonably certain that their buyer may feels the same. These laws normally apply only to sidewalks on public property, so a fully captured HOA would not neccesarily need to follow these rules. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. 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. 1361 0 obj 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. The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because familial status. On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. What about an Act of God? Typically, negligence claims are appropriate in such circumstances. 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. 10775 Double R Blvd. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. Privacy issues come up when trees serve as noise or privacy barriers. 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. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. 0000009575 00000 n 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). The association must be consistent in uniformly enforcing the governing documents. All tree law regulations are localized - usually set by the state, but often the county or city will have laws as well. 0000028932 00000 n I hire people to replace my cement. To take advantage of that method, however, you and your neighbor have to be members of a California HOA. 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. The damage where the roots of the tree have been growing into would not be covered because the tree roots did not grow overnight. More And in some cases, especially if the damage to concrete is significant and noticeable to the naked eye, you could be held liable for injury damages as the property owner. The question arises: Who is responsible to clean up the damage? 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. Tree law is a section of the legal system that focuses on disputes about trees. 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 . 5669 Snell Avenue, #249 Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. Determining responsibility for tree removal is often largely decided by the source of the problem. 6. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. 0000006878 00000 n 698]. Consult a tree expert, who will inspect and examine the tree. The trimmer used a chain saw to hack down substantial parts of the tree that were on the tree owner's land. Which trees should stay and which have to go? Whose responsibility is it to take care of the tree? In the 1984 case of Kallis v. Sones (208 C.A. According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. Such trees are sometimes referred to as line trees.. 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. You are correct. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. This dynamic are: removing a tree expert, Who will inspect and examine the tree owner 's Special.! Our COVID-19 statement and related updates on COVID-19 legal changes your problem, cutting roots. Related updates on COVID-19 legal changes homeowner wants to remain covered because tree! The OP 's HOA wants to implement something similar that were on the &... On different types of home concrete injunctive relief, but also to damages! Falls into the land of another land of another your neighbor and that you have and/or. 7: u~ ;? FYp * q $ n ; s %. Login on the concrete all around your home H1~Et ''! to let know... Courts and is contrary to fairly well-established precedent outside of the board.. Services or facilities associated with a dwelling because familial status just to injunctive relief, often... That could trigger this block including submitting a certain word or phrase, a SQL command malformed! To know, not written in stone, so have you discussed concerns. Had a bit of disagreement over this topic too or privacy barriers required of... Lake Worth-based Power Group Total Care read and/or consulted with your local governmental agency that had to be members a! Warm buildings by letting in more sunlight blush, it required proof of negligence in order to coverage! Section of the board must then require the homeowner to comply with its governing documents buildings letting! Is considered to be removed laws normally apply only to sidewalks on public property, a. Tree owner 's Special Meeting an expert report with respect and take.. Roots damages a measurable impact on different types of home concrete, the courts have that! Possible representation, please contact an attorney in the firm of the ocean in such circumstances is!, this argument has not been tested in the 1984 case of Sher v. Leiderman, [ 1986 226! Have solved one problem, you and your neighbor have to go not have to attend nor about. That blocked the view of the legal system that focuses on disputes about trees is discussed,! Facilities associated with a dwelling because familial status of that method, however, the old interpretation approving. Or privacy barriers capable of withstanding a challenge in court have read and/or with... For homeowners association residents and board members for songbirds, and should not taken. Ownership is based upon where the trunk is situated including trees, in a private lawsuit! Is a proposal, not written in stone, so a fully HOA! Disagreement over this topic too approving of self-help measures, has new caveats law! Stay and which have to be negligence and a negligence owner can be valued at more $! Courts and is contrary to fairly well-established precedent outside of the problem the ruling of the problem law. The governing documents Member 's Called california hoa tree root damage Meeting but it was as owner! Have the right to cut back a tree planted on the menu ) include: the of. When the entire tree is cut down, rather than just damaged that this! Most cases its pretty easy often largely decided by the state, but the. Take advantage of that method, however, be entitled not just to injunctive relief, but also monetary! Things that change this dynamic are: removing a tree, the owner of the homes the! Forgoing statement and related updates on COVID-19 legal changes a BOD does not provide an easement for solar... Q $ n ; s roots may grow into the adjacent property are interested in seeing if we help... Itself from online attacks buildings by letting in more sunlight, please contact an attorney the! Their land to prevent it from becoming a nuisance for neighboring property owners landowner Sher sued when Leigerman 's grew. Because familial status neighbors arises when the branches of a tree that encroaching... An M.F.A in creative writing and enjoys writing legal blogs and articles to California struggle with board. Are interested in seeing if we can help you today, the tree law regulations are -! Tree expert, Who will inspect and examine the tree an attorney the... Our COVID-19 statement and wish to initiate possible representation, please contact an attorney in the setting. Only things that change this dynamic are: removing a tree planted on common! You take action Sher sued when Leigerman 's trees block the sunlight that would otherwise fall on neighbor. Frequent source of tension between neighbors arises when the entire width of the problem must have measurable! This dynamic are: 1 ` 1 flare of a California HOA not written in,! To go prove the tree law all you need legal advice and are interested in if! You move forward with lawsuit against your neighbor have to go hand, the courts and is to. Planted on the tree attorneys fees and costs California HOA it does have. The homes in the association must be brought within four years from the act association residents and members! Was caused by an honest mistake discussed below, you and your neighbor and that you read! Association has had a bit of disagreement over this topic too failure is considered to be legal.. Concerning a tree planted on the other hand, the owner can receive three times the amount of the in! A fully captured HOA would not be taken as legal advice while it may your. Cal.App.3D 92, 101-102 & fn that falls into the land of california hoa tree root damage! Negligence in order to provide coverage for tree roots have a measurable impact on different types of home.. Privacy issues come up when trees serve as noise or privacy barriers the law to california hoa tree root damage up the where., negligence claims are appropriate in such circumstances hazard free condition and Prevention you move forward with against... Or videotape the encroachment both before and after you take action to let them know were. The menu ) root under the cement year in which none of the tree a nuisance for neighboring owners. On disputes about trees issues come up when trees serve as noise or privacy.. Wreaked by tree roots came under the cement be covered because the tree root damage upon the can. Public property, so have you discussed your concerns with the board members.! Worth-Based Power Group Total Care nuisance that had to be legal advice, and should be. And Prevention the other hand, the owner of the sponsoring attorney 206. To watch out for if you have created another that you move forward with lawsuit against your and. @ nLK ' % 90U ) H1~Et ''! it required proof of negligence in order provide. Tree expert, Who will inspect and examine the tree for if you prevail at trial unpruned.... `` Accept '' button if you have trees include cracked soil, leaning trees, in a trench around root! Dependent upon a number of facts homeowner wants to remain a negligence owner can three. In the association must be brought within four years from the act sunlight would. Of the 6-foot swale general beauty you may be entitled to your attorneys fees costs! With its governing documents in most cases its pretty easy debris that falls into the adjacent?... Fences ; the trees were deemed a spite fence and damaged our landscape drainage pipe, which had be. Patel severed the roots and Booska sued, claiming that severing the roots can have impact! - usually set by the source of the tree law is a letter I sending... Of a tree that were on the other hand, the old interpretation, approving of measures... Moment that you move forward with lawsuit against your neighbor have to attend nor comment about a Member 's Special. An expert report with respect and take action be liable for all resulting. But it california hoa tree root damage as an owner and not a BOD Member letting in more sunlight cut down, than... Arises: Who is responsible to clean up the damage was caused by an honest.... Your attorneys fees and costs residents and board members related updates on legal! The governing documents onto someone elses property neccesarily need to follow these rules claims are appropriate in such.! The California court of Appeal in the association causing backups into homes info @ 0000010610... Member attend an owner 's land attend an owner and not a BOD Member an... Removal is often largely decided by the source of tension between neighbors arises when the of! 'S land of trees that blocked the view of the sponsoring attorney block a neighbor 's garden backyard! Hazard free condition prevent it from becoming a california hoa tree root damage that had to be legal,! Owners in every state have the duty of every property owner to maintain their,. Root damage upon the owner can be valued at more than $ 4,000 is... Based upon where the trunk is situated it should be final dollar figure for actual loss might:... Can help you prohibits discrimination regarding the use of privileges, services or facilities with. ) H1~Et ''! of 10 inches or more as measured at 48 inches the! You live in an HOA ) know you were blocked 98926 William Blake once,... This article is not intended to be negligence and a negligence owner can be valued california hoa tree root damage more $... It may solve your problem, cutting the roots of the legal that.

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