If my neighbors claim that my tree roots damaged their 45 eayr old sewer line and they want me to help pay for it, am I obligated ??

The neighbors sewer line is about 2 ft from my property. I did plant trees near this area about 10 years ago. The neighbors have no trees so I can assume the roots are from my trees. They never warned me there was a problem. They just told me about the bill yesterday. Am I legally obligated to pay any part of this 5K bill?

Asked on July 30, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may be liable here under theories of trespass or nuisance under California law.  Having not been given notice of the damage or the opportunity to correct the condition would be an issue you need to bring up.  I would consult with an attorney in your area.  Good luck.


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