my tree roots in my neighbor’s backyard

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my tree roots in my neighbor’s backyard

My neighbor recently complained that roots from my 30 years old magnolia tree is damaging her swimming pool pavements. She fears that the roots may eventually damage the pool itself. In the past the neighbor always complained that the leaves of my magnolia tree were getting into the pool water, and asked me to trim the tree branches so that branches don’t encroach into her property. And I always complied to her request. Now she wants me to remove the tree altogether. Am I legally required to remove the tree? Thanks

Asked on November 5, 2016 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are not affirmatively or proactively required to remove the tree, BUT if you have notice or warning that the tree is causing damage (as you evidently do) and you fail to take action, then you are liable, or financially responsible, for any damage or costs the tree causes, due to your negligence (unreasonable carelessness) in not remediating a known threat. Therefore, if the neighbor is telling the truth, you could find yourself paying for pavement and/or pool repairs.


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