concerning neighbor’s tree

Roots from neighbor’s tree has caused visible damage the cement cracksto our driveway. Talked to neighbor and it’s been useless. Where should I do?

Asked on October 6, 2017 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your neighbor's duty is to keep their tree and its roots off of your land and to use due care to not impose an unreasonable risk of harm to your property. For a trespass action, you will have to show that the roots are actually physically entering your land and that the trespass is the cause of damage to your driveway. If you can, then they will be liable for the damage. Also, you could file a suit for property damage. For this, in order for your neighbor to be held liable for the damage to the driveway, you will have to prove that your neighbor was negligent: that they owed a duty of due care to you, that they breached their duty, that such breach actually caused the damage to your property, and that you were damaged as a consequence. At this point, you should consult directly with a local real estate attorney. They can best advise you further after reviewing all of the details of your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.