In that matter, both the insured and neighbor were insured by State Farm. An HOA maintains the front yard of the homes in the association. 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. Unbelievably, the HOA began replacing these trees with their damaging roots with a. Giant oak trees can provide great shade and color but the leaves can go everywhere creating a clean-up mess. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. in a trench around the root zone. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Suit must be brought within four years from the act. (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. V@nLK'%90U)H1~Et"!. Learn what California law has to say about trees in HOAs. xref (J.K., via e-mail). While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. The board must then require the homeowner to comply with its governing documents. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. 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. If it is dangerous or diseased and is on your property, take action to correct the problem. 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. 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. of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). 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. The court found that because the poison migrated through the roots to kill the tree, a trespass had taken place, and the tree's owner was awarded $5,000. Or did the owner trim the tree on his side only and thus render the tree unstable? (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. 0000005355 00000 n
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. Not necessarily. The mahogany trees will be . No problem (everyone misspells it!) The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. The owner of a tree is the one upon whose land the trunk of the tree sits, regardless of whether or not the trees roots or branches extend onto someone elses property (Civ. 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. Please click the "Accept" button if you understand the forgoing statement and wish to proceed. Check us out on the Web at: www.bpelaw.com. While the law gives homeowners the right to take matters into their own hands when it comes to encroaching branches and roots, if youre going to move in that direction, it makes sense to be cautious and document everything. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. 698]. Under California law, an. 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. California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. Today, the old interpretation, approving of self-help measures, has new caveats. For example, several Labor Code statutes award attorneys fees to an employee who prevails. In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. 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. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. Now What? 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. Siberian Elm Roots grow gradually . 0000006371 00000 n
(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. 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. In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. 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. Roots from a tree planted on the common area has damaged my driveway. In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. The association must make tree removal decisions based on previous actions taken by others. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. 1361 38 The tree owner knew or should . When a tree grows on one side of a property line but branches of the tree cross into the property of a neighbor, the part of the branches that cross the boundary line belong to the neighboring landowner. According to the Claims Adjuster, State Farm has taken the same position in other matters. California Permanent Encroachment Statute of Limitations. 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. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? I don't forsee the HOA reimbursing you other than if you removed the tree. California Tree Law for One's Own Trees Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. 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. 1361 0 obj Berkeley's Boalt Hall. KNOW YOUR BOUNDARIES. Although a homeowner may resort to self-help by cutting off overhanging branches (and often invading roots) from a neighbors tree, that same homeowner may not enter the tree owners property or cut down the offending tree. It is my feeling this is illegal but I cannot find a statute to support me. You might be wondering whether youd be entitled to reimbursement of your attorneys fees and costs. Performance & security by Cloudflare. 4th 1284), the California appellate court reviewed the matter of one neighbor, Sones, who cut down a 70-foot Aleppo pine that grew on the boundary line between the Sones property and the Kallis property, with 41 percent on Kallis' property, and 59 percent on Sones property. In addition to large maintenance expenses, there is the risk of litigation related to (i) property damage from backups caused by root infested sewer lines, (ii) mold damage and personal injury claims . Usually this comes up when a tree is removed. Top. In California, the legal system has changed its priorities when it comes to encroaching branches and roots. 0000033979 00000 n
%%EOF Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. hU PW~,9xI"FD@AB:uZ7 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 ). 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. I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. For example, cutting the tree at the top, usually for an increased view, more light or greater exposure, can structurally harm a tree. 5. 3. 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 . .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. "For the most part, one is only responsible if/when they are negligent. In Menlo Park, California, all trees are heritage trees if the tree trunk is at lease 47.1 inches around when measured 54 inches above the ground. 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. 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. William Blake once wrote, Everybody does not see alike . Additional damages include the associated costs, such as crane . However, the tree law has changed over the years. startxref The long, shallow roots can also cause damage to sidewalks or home foundations. Scottsdale homeowners in a DC Ranch community could face a $16,000 bill to remove and replace 670 Sissoo trees that can have damaging roots. 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. The roots damage the neighbor's driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor's car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor's name correctly. 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. info@bpelaw.com If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. Please login to post a reply (click Member Login on the menu). When someone, like your neighbor, interferes with your right to quiet enjoyment, that neighbor can be held liable for engaging in a private nuisance. 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. Be aware of these laws. 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. If you would like a consultation with us, please call our office at (916) 966-2260 or e-mail Steve Beede at sjbeede@bpelaw.com. While you have solved one problem, you have created another. The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). Watch out for enforcement defenses the HOA could be in trouble if a homeowner can say: Why are you picking on me? 10 / 11. Many cities have view ordinances that require you to cut or prune your trees if they obstruct someone elses view. (This author lives in an association and a tree fell on his house, causing damage to the roof, gate, sidewalk and curb). 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). tree. 0000014868 00000 n
This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. By Dale Alberstone, Esq. 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. Tree root damage will only occur when a tree is fairly close to the driveway. 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). , such as crane they cause damage to sidewalks or home foundations out on common... The trees were deemed a spite fence and thus violated the law you understand the forgoing statement wish... Free condition in the eyes of others only a green thing that stands in the eyes of only! 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