are we liable for damage to our neighbor’s backyard do to our tree roots geting in to there property.

Get Legal Help Today

 Secured with SHA-256 Encryption

are we liable for damage to our neighbor’s backyard do to our tree roots geting in to there property.

Hi, the root from a tree in my property when to my neighbor’s property, He made a
hold on his back yard to fallow the root and cut it, we were not aware of the
situation until he knock on our door and explain what he done to our tree roots.
Are we liable for anything on his property?Thank you.

Asked on December 11, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are only liable if you are aware (or logically, under the circumstances, must have been aware) that your tree was damaging another's property. If you were unaware--as you most likely were--you are not liable. Liablity depends on you acting unreasonably in not taking steps to remediate or alleviate a risk or threat or problem--clearly, if you did not know of the problem, you would not be expected to do anything about it, and would not be liable for failing to do so.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption