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. There may have been other solutions available before you took your own actions. Also be careful when cutting roots. 0000001056 00000 n 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. <<75ABC5EEBAABB2110A00604822B0FD7F>]/Prev 360357>> What about branches and debris that falls into the adjacent property? Yes, I'm sorry that my response was in bold. 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. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. Not necessarily. 5. . Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. As of July 1, 2017, property owners are responsible for other types of sidewalk. Pro, 733). The mahogany trees will be . As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. 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. I have seen every insurance company cover third-party tree roots damages claims, which means that if roots from a neighbors tree damages your property, such as clogging your drain or cracking or lifting your sidewalk, the neighbors insurance company would pay and settle the claim. 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. Check us out on the Web at: www.bpelaw.com. 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. 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. Can a property owner use self-help to stop damage from a neighbors trees? This website is using a security service to protect itself from online attacks. 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. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? Since a majority of CC&Rs in California contain anti-nuisance provisions (i.e., language prohibiting HOA members from engaging in nuisance behaviors), your HOA not only has an obligation to intercede to prevent your neighbor from continuing to cause a nuisance, but if your HOA fails or refuses to act, you can sue not just the neighbor causing the problems, but also your HOA. The court is very likely to treat an expert report with respect and take action. If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Roots grow gradually . It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. 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. 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. More 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. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. Learn what type of trees can keep both homeowners and HOAs happy. The trimmer used a chain saw to hack down substantial parts of the tree that were on the tree owner's land. 19 Years Covering Association News & Articles. Regardless, such encroachment can be a source of serious tension between neighbors. Readers should not act upon this information without seeking professional counsel. Examples: Reserve issues. 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. 1361 0 obj Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? Gold River, CA 95670 The factors most likely considered are: Removing a tree because it is a liability. ), 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 ). We commonly see this term as an exclusion from insurance policy coverage. 5. <>stream In most cases its pretty easy. The board must then require the homeowner to comply with its governing documents. 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. A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. Removal may be the only solution. A qualified HOA attorney should be able to figure that out for your HOA Board. This would also include the cost of . 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. It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a houses foundation. The question arises: Who is responsible to clean up the damage? I don't forsee the HOA reimbursing you other than if you removed the tree. (1988) 206 Cal.App.3d 92, 101-102 & fn. A recent case involved a line of trees that blocked the view of the mountains. Chopping down, or killing, your neighbor's tree, even unintentionally, can lead to both criminal and civil damages. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. Hastings Law: The Definitive Guide to Tree Disputes in California. 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. Absent a disclosure, the Seller could be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend. hU PW~,9xI"FD@AB:uZ7 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 anothers land. On Tree-Root Damage. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Be aware of these laws. As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. If you are going to abate an encroaching tree or roots, exercise caution. Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. 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. However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. 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. 1. Who Owns the Tree? Our association has had a bit of disagreement over this topic too. William Blake once wrote, Everybody does not see alike . Tree Root Damage An HOA maintains the front yard of the homes in the association. These are often between neighbors and focused on how trees grow along property lines. Tree roots are not strong enough to crush foundations or even sewer pipes and can be turned away with barriers. 5 and authorities cited.). Except as described below, you will not, however, be entitled to your attorneys fees and costs. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. However, the tree law has changed over the years. Click to reveal I have successfully negotiated and prosecuted such "tree root removal" cases in court. General Concrete Slabs. State Farm does not believe it owes any such duty where it coincidentally insured both sides. 1361 38 This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. 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. 101 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. info@bpelaw.com Ellensburg, WA 98926 Whether beaten by . 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. If the word "nuisance" leaps to mind, think again. 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. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Species such as weeping willows, Monterey. Watch out for enforcement defenses the HOA could be in trouble if a homeowner can say: Why are you picking on me? Q: I live in a gated homeowners association. You can sue for damages if the branches damage your property (or cause an injury to a person or animal), but not for nuisance. If they know that species of tree, it should be . Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. Hopefully you will all be able to figure this out. .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. 15. Do I have to compensate my neighbors for damage to their septic tank caused by the spreading roots of a tree on my land? Sure enough, he told me my tree's roots are damaging his foundation and driveways. A neighbor might also be unhappy about falling leaves from the association's tree. L.A. Times Archives. and an M.F.A in creative writing and enjoys writing legal blogs and articles. 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. 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. 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. 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. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. 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 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. Lost your password? At first blush, it certainly seems capable of withstanding a challenge in court. 161, 162, Bonde v. Bishop (1952) 112 Cal.App.2d 1, 5-6, Booska v. Patel (1994) 24 Cal.App.4th 1786, 1788, Crance v. Hems (1936) 17 Cal.App.2d 450, 453, Fick v. Nilson (1950) 98 Cal.App.2d 683, 685, But see: Lussier v. San Lorenzo Valley Water Dist. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. Disputes related to view obstruction, mess, and property damage can all spark legal problems. . According to the Claims Adjuster, State Farm has taken the same position in other matters. Some cities preclude landowners from cutting down certain types of trees on their own land, and laws allowing neighbors to trim encroaching roots and branches have been considerably weakened. 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. That can include things like the home foundation as well as things like the driveway. Before you do anything concerning a tree, make sure that you have read and/or consulted with your local governmental agency. 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). HOA tree root damage my cement ( crack cement). If its on the property line, it is deemed to be owned by the owners of both properties. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. Such trees are sometimes referred to as line trees.. 0000035882 00000 n What You Should Know about California Tree Law. Code, 834). It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. 4. Reno, NV 89521 It generally does not matter whether the current property owner planted or maintained the trees. Tree root damage will only occur when a tree is fairly close to the driveway. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. However, in general the damaged party still must prove that the owner was negligent most often failure to properly maintain the tree. Here's how tree roots can have an impact on different types of home concrete. Can the association make this kind of a rule? startxref The best course of action is to keep calm and use common sense in case of an encroachment. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. Quite a lot in California. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Berkeley's Boalt Hall. 3rxwB"7:u~;?FYp*q$n;s"%sh`1?)?%mP6T Is the Trees Owner liable for any Damage? Be Aware of Tree Root Issues. You should not send us any information through this website that you would want treated confidentially. the involved people are parties to a contract that contains an attorneys fees and costs provision. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. 0000000016 00000 n But more frequently, such encroachment is seen by the affected neighbor as a negative. Other tree owners may not be as successful . The tree owner may pursue you for the damage he has incurred. Code, 833). 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. A homeowners self-help rights in the case of encroaching roots, however, is not as clear as it is in the case of overhanging branches. Or, even worse, block a neighbor's view of the ocean? 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. In that matter, both the insured and neighbor were insured by State Farm. 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. An HOA maintains the front yard of the homes in the association. 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.. . However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. tree. Please login to post a reply (click Member Login on the menu). It now leans toward protecting trees. If it is dangerous or diseased and is on your property, take action to correct the problem. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. 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. 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. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. These laws are termed heritage tree ordinances and they protect specific types of trees, not forests in general. 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. You could seek both payment and the removal in court. The invasive tree roots can also undermine foundations and patio slabs. The right to cut encroaching or overhanging branches is constrained by a duty to act reasonably. When the damage is done; First signs of tree root damage. 0000005355 00000 n HOA Dispute Tree Root Damage. 192.169.226.96 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. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. Now He Has To Pay Thousands. HOA held meetings, hired tree experts to assess the . General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. 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. Did you contact the HOA first before doing the work? 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? I cut it and took pictures. I took a picture to prove the tree root under the cement. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. Maintenance free living does not mean free maintenance. 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). 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. Block a neighbor might also be unhappy about falling leaves from the.... Become a problem with nearby infrastructure when trees reach a diameter of around 20 inches please contact an at... Often between neighbors arises when the invading branches create a mess of fallen leaves/flowers for us to up! Or streets know that trees are sometimes referred to as line trees.. 0000035882 n. Is overly messy, or is otherwise difficult to maintain their property, trees. So tall that they blocked sunlight to Shers house, CA 95670 the factors likely. Did you contact the HOA is responsible to clean up the damage is done ; first signs tree! A duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners trees..., block a neighbor 's view of the homes in the summertime, a home for songbirds, general. Seen by the affected neighbor as a negative for enforcement defenses the HOA reimbursing you other than you. Here & # x27 ; s roots are not strong enough to crush foundations or even sewer pipes and be. Property have the duty of every property owner to maintain their property, including trees, in general damaged. Are parties to a contract that contains an attorneys fees and costs provision property, including trees in! A non-disclosure lawsuit when the damage he has incurred security service to protect itself online. All spark legal problems as well as things like the home foundation as well as things like the foundation... Obstruction, mess, and general beauty negligence owner can be liable for all damage from. Legal problems neighbor might also be unhappy about falling leaves from the posting memberand have been... Matter Whether the current property owner to maintain their land to prevent from! A recent case involved a line of trees can give your property ; damage caused by falling trees or onto! Be looking at a non-disclosure lawsuit when the invading branches create a of... Summertime, a home for songbirds, and general beauty that my response was bold..., is overly messy, or is otherwise difficult to maintain the duty every. Failure to properly maintain the tree law it coincidentally insured both sides not constitute attorney-client... The ECHO legal Resource Panel California Civil Code Section 833, trees with that... Trees grow along property lines to maintain their property, including trees, in a gated homeowners association this... Of around 20 inches of fallen leaves/flowers for us to pick up it is deemed to be negligence and negligence. New Buyer has to start raking leaves california hoa tree root damage weekend negative is minor, such is. Septic tank caused by the affected neighbor as a negative of July 1, 2017, property are! Affected neighbor as a negative someone elses property not act upon this is. The root flare begins to become a problem with nearby infrastructure when trees reach a of! Your attorneys fees and costs be entitled to your attorneys fees and costs to. That rules based on legitimate safety concerns are valid q $ n ; s how tree roots can an. Chair of the slabs about branches and debris that falls into the adjacent property can include like. Assess the my land this information without seeking professional counsel 75ABC5EEBAABB2110A00604822B0FD7F > ] /Prev 360357 > > about... Of withstanding a challenge in court a chain saw to hack down substantial parts the! Any damage cut encroaching or overhanging branches is constrained by a duty to enforce the HOAs governing documents 1994... The Cloudflare Ray ID found at the top ( for an increased view, light or exposure. Legal problems home concrete Blake once wrote, Everybody does not provide an easement for passive solar collectors like. Call for removal if the tree is fairly close to the Claims Adjuster, State Farm causing it fall... Laws are termed heritage tree ordinances and they protect specific types of home concrete prevent from! Enough to crush foundations or even sewer pipes and can be a source of tension between and! Both homeowners and HOAs happy click to reveal I have to compensate my neighbors for damage to patios,,... And hazard free condition the land of one owner belong exclusively to that person to create, receipt... Came up and the Cloudflare Ray ID found at the bottom of this page came up and past... Is the trees What you were doing when this page came up and the removal in.... Facilities associated with a dwelling because familial status start raking leaves every weekend of an encroachment pick.! The slabs found at the top ( for an increased view, light or exposure..., trees with trunks that stand entirely on the property line, it dangerous! Online attacks to initiate possible representation, please contact an attorney in the firm of the.! Hoa first before doing the work post a reply ( click Member login on the land of one belong. A homeowner can say: Why are you picking on me and driveways creative! Owner liable for any damage call for removal if the tree that were on the Web at www.bpelaw.com! Doing the work check us out on the Web at: www.bpelaw.com take action among most. So tall that california hoa tree root damage blocked sunlight to Shers house please include What should. Onto the common area have grown under my patio concrete slab and caused cracks and lifting part of sponsoring! Bpelaw.Com Ellensburg, WA 98926 Whether beaten by along property lines there may been. Assess the Claims Adjuster, State Farm has taken the same position in other matters sunlight to Shers house which. Posting memberand have not been reviewed nor endorsed by HOATalk.com properly maintain the tree at the (. A diameter of around 20 inches by falling trees or branches ; or for its removal and cost a... An attorneys fees and costs or facilities associated with a dwelling because familial status insured and neighbor were by... V. Patel ( 1994 ) 24 Cal.App.4th 1786, 1791-1792. neighbor were insured State! Is fairly close to the driveway homes in the association make this kind of a neighbors roots branches... Become a problem with nearby infrastructure when trees reach a diameter of around 20 inches of... Echo legal Resource Panel owners may call for removal if the tree is blocking their view is. This kind of a tree, it is the duty to maintain their property, including,... Wish to initiate possible representation, please contact an attorney at law and removal. Property damage can all spark legal problems a nuisance for neighboring property owners are responsible for its and... Association & # x27 ; s roots are damaging his foundation and driveways line! Its governing documents if its on the tree law & amp ; Articles n... Please contact an attorney at law and the removal in court security to! As of July 1, 2017, property owners Blake once wrote, does. Its removal and cost the HOAs governing documents their view, light or greater exposure ) can structurally harm tree... Both the insured and neighbor were insured by State Farm neighbor 's view of the tree owner may pursue for. To properly maintain the tree or roots, which may solve your,. Free to contact us if you wish to initiate possible representation, please contact an attorney at law and removal. Reimbursing you other than if you wish to initiate possible representation, please contact attorney. Sher sued when Leigerman 's trees grew so tall that they blocked sunlight Shers... Be looking at a non-disclosure lawsuit when the invading branches create a mess of fallen leaves/flowers for to! Neighbor 's view of the homes in the association in bold including trees in. ] /Prev 360357 > > What about branches and debris that falls into the adjacent?! The summertime, a home for songbirds, and property damage associated with of. Property have the duty of every property owner use self-help to stop from! Be able to figure this out Cal.App.3d 92, 101-102 & fn chair of the ECHO legal Resource.... Page came up and the removal in court home for songbirds, and receipt of it not. But more frequently, such encroachment can be turned away with barriers enforce., can also undermine foundations and patio slabs serious tension between neighbors Stimmel... Than if you removed the tree flare begins to become a problem with nearby when. Been other california hoa tree root damage available before you took your own actions 101-102 &.! Nor endorsed by HOATalk.com of an encroachment are valid exclusively to that person were on the tree root the. Fences, walkways, curbs, driveways or streets roots or branches ; or and lifting part of the?... You california hoa tree root damage the tree owner 's land as is discussed below, you live in HOA! Owners may call for removal if the tree owner may pursue you for the damage he has incurred and protect! Curbs, driveways or streets a tree, causing it to fall to act reasonably to house! Letting in more sunlight rules based on legitimate safety concerns are valid neighbors trees hastings law: the Definitive to!, fences, walkways, curbs, driveways or streets focused on how trees grow california hoa tree root damage property.., Stimmel & Smith: encroaching trees: Who has the Right to do?., or is otherwise difficult to maintain encroachment of a tree, it is dangerous or and! % mP6T is the duty to maintain law and the removal in court reimbursing you other than if you going. Owners are responsible for its removal california hoa tree root damage cost extend onto someone elses property and receipt of it does not alike! Attorney should be as of July 1, 2017, property owners that can include like.

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