concerning neighbor’s tree

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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

Answers:

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.


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