In all these cases, the law holds the entity maintaining the tree, that is the homeowners association, responsible for all damage. The Court concluded that the trees were a spite fence and a nuisance. The trees were ordered removed. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . While cutting down certain trees on one's own real estate may be permitted, an individual may not, generally, remove trees on land that doesn't belong to them without consequences. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. I have seen a BOD Member attend an Owner's Special Meeting but it was as an owner and not a BOD Member. The court is very likely to treat an expert report with respect and take action. This would also include the cost of . In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, "the undoubted right of the land owner himself to cut off intruding roots or branches at the property line," precludes a negligence claim. Code, 833). Measure the area before and after to document the situation. On the other hand, if the damage caused another issue, such as your pipe bursting and water flowing into your home, then you might be covered for the water damage . In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. 30+ years real estate law legal experience. But as I read it, the OP's HOA wants to implement something similar. However, that is not the case in all cities and counties in the state, so it pays to research the law before taking out a tree. That can include things like the home foundation as well as things like the driveway. In California, the legal system has changed its priorities when it comes to encroaching branches and roots. Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. 0000033803 00000 n The court will, for example, look to see if some other remedy might have solved the problem without causing the damage to the offending tree (e.g., such a as installation of a root barrier). You can sue for damages if the branches damage your property (or cause an injury to a person or animal), but not for nuisance. Does the HOA have responsibility or is this their responsibility since it is on their property? Roots grow gradually . Spengler splits her time between the French Basque Country and Northern California. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on anothers land. Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree. 1. Who Owns the Tree? The roots can invade common area sewer lines, causing backups into homes. No problem (everyone misspells it!) . Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. Top 5 Concerns that Homeowners Have About Their HOAs. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. 4. 19 Years Covering Association News & Articles. However, the tree law has changed over the years. 0000005355 00000 n Tree Root Damage An HOA maintains the front yard of the homes in the association. Family Handyman. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." the tree which brings some to tears of joy is in the eyes of others only a green thing that stands in the way. He couldnt have been more right. There can be all types of conversation regarding this but I don't think that has anything to do with it. This includes maintaining and preserving landscaping. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. We commonly see this term as an exclusion from insurance policy coverage. Fallen Tree on White House North Drive. Talk to the individual who owns the tree and tell them about the problem. By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 0000002926 00000 n The federal fair housing law prohibits discrimination regarding the use of privileges, services or facilities associated with a dwelling because familial status. On the other hand, the courts have recognized that rules based on legitimate safety concerns are valid. 700 E. Mountain View Ave, Suite 508 First are the general concrete slabs you might have throughout the home. 3. Today, the old interpretation, approving of self-help measures, has new caveats. The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. However, to the extent that they grow into or above a neighbor's property, encroaching branches and roots belong to the individual upon whose land they . They can get under the foundation and raise up the . Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. The court ruled that this was not an actionable nuisance and that Leiderman did not act with malice when he planted the trees 10 years earlier. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. Please login to post a reply (click Member Login on the menu). by Michael Kushner | Mar 17, 2021 | HOAs, Real Estate. Be aware of the wordings in the CC&R that you are required to carry your own insurance to cover any loss within your own unit. tree. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Make sure you know how to check if tree roots are gumming up your sewer line. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. (509) 245-0400, Send all correspondences to: 5. The 2012 case of Rony v. Costa [210 Cal.App.4th 746] is a good example that might serve as a warning to those who do not act reasonably. Some cities preclude landowners from cutting down certain types of trees on their own land, and laws allowing neighbors to trim encroaching roots and branches have been considerably weakened. You can email the site owner to let them know you were blocked. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . 10775 Double R Blvd. Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. Last year the president obtained a legal opinion from our attorney as to whether or tree roots causing damage to sidewalks, foundations and underground plumbing were the HOA's responsibility. Photograph by Harris & Ewing. But other times encroaching branches can result in costly damage, such as in the case of branches that have grown into the side of a neighbors home or damaged power/cable lines. California Permanent Encroachment Statute of Limitations. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. Ellensburg, WA 98926 Giant oak trees can provide great shade and color but the leaves can go everywhere creating a clean-up mess. 1361 38 The association said this was inconsistent with the community (invites termites; is a security issue, provides hiding spots for criminals) and moves for removal. You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. This means keeping the sidewalk clear from vegetation overgrowth, snow and ice accumulation, as well as making repairs to the sidewalks when damaged.. Posted By MarkM31 on 09/21/2015 11:24 AM, Posted By RichardP13 on 09/21/2015 11:39 AM, Posted By RichardP13 on 09/21/2015 11:53 AM, Posted By CharlesM15 on 09/21/2015 1:19 PM, Posted By RichardP13 on 09/21/2015 3:59 PM, Posted By CharlesM15 on 09/21/2015 9:12 AM, Posted By CharlesM15 on 09/23/2015 8:56 AM, Posted By SheliaH on 09/23/2015 9:26 AM, Posted By CharlesM15 on 09/24/2015 9:54 AM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). 0000009575 00000 n According to Streets and Highways Code 5610: 1398 0 obj But, absent some physical damage, California law does not provide any relief for the offended neighbor unless they can prove the tree was improperly maintained. The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. Storm Damage. You could seek both payment and the removal in court. ), Posted By RichardP13 on 09/21/2015 11:15 AM. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . . . I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners Association Act requires that amendments made to HOA rules be recorded in the public records of the county in which the community is located. If the rule was adopted after that date, it should be recorded. Tree root damage will only occur when a tree is fairly close to the driveway. Check us out on the Web at: www.bpelaw.com. Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. Trees are beautiful, but they can cause headaches for homeowners association residents and board members. There are two theories which have been brought before Florida courts in an attempt to hold adjacent property owners liable for damage caused by tree roots or limbs encroaching past the property line, nuisance and negligence. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. We all like to look at trees, but sometimes they block views and must be removed. 0000023598 00000 n A lifted slab 1/4 of an inch or higher is designated as a trip hazard. The property owner sued, and the court ruled in their favor, awarding damages for the replacement value of the tree, as well as the tree's loss of aesthetic value. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. Teo Spengler earned a J.D. On Tree-Root Damage. {%[e #L61bCJm{' vG9wP!w;b ;POy|A|-SlZm=>7u%?'-FV%DVKERCqT}()eZgecG/EY3L6tm!Ci5}r4:&m}x{~1%6xXimtU]qSD>qoFTso.EW%J4/c?_:/Zvq![QEzH&q2|96d$4O{0A+gC\d{:KkUS;@ V+I.]iFw8:0s@w\CYLM7GV=eVE(#EcIUjzU*0&C*F4 WFQ&0k77G"aDS1R qv`\$pdS-@am6-I pru5}[Ly}jf It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. A recent case involved a line of trees that blocked the view of the mountains. Reno, NV 89521 In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . The roots damage the neighbor's driveway; The tree blocks the otherwise beautiful view; The tree is too tall according to local ordinances; The tree is dripping sap on the neighbor's car; The tree is ugly, dead and rotting; The person should make sure to spell the neighbor's name correctly. (1994) 8 Cal.4th 361.) 0000010610 00000 n and an M.F.A in creative writing and enjoys writing legal blogs and articles. By Dale Alberstone, Esq. Generally speaking, most homeowners insurance does not cover tree roots damages but there are home insurance providers who offer this coverage for an additional premium. One thing that all common interest developments have in common is that they are governed by an association of members (i.e., the owners) who enjoy the use of shared common areas and amenities. Monetary damages will include the costs necessary to repair or clean your property, as well as other losses that you can prove were caused by the encroaching branches or roots. Suit must be brought within four years from the act. If it appears that there is potential for harm from the tree's encroachment, a danger to life or property, bring in a tree specialist to confirm the danger. It is only when a tree obstructs a solar easement granted under the Solar Shade Control Act or when trees were deliberately planted for spite. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. There is some case law in California that seems to permit a homeowner to cut a neighbors encroaching roots only if the roots are causing some damage to the homeowners property (e.g., neighbors roots are causing cracks in your hardscape or pool). Readers of HOATalk.com should not act on this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Performance & security by Cloudflare. I hire people to replace my cement. But if the downed tree caused no. 0000004351 00000 n As in many other cities, the Seattle Municipal Code requires that adjacent property owners keep their sidewalks in good repair and safe for public travel. It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. If you live in a condominium or planned housing development, then you live in a common interest development. The branches can only be cut back to the property line. "For the most part, one is only responsible if/when they are negligent. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. The rule should always be: if the Seller thinks that this has been an issue, they can be reasonably certain that their buyer may feels the same. HOA held meetings, hired tree experts to assess the . 0000033979 00000 n startxref General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. The Court equated the trees with a fence. In California, a tree blocking light on a neighbor's property is not a legal nuisance. Typically, negligence claims are appropriate in such circumstances. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< 192.169.226.96 But after an impasse, the HOA opted to move ahead with plans to remove the trees. The city of Fresno requires permits for most tree work, while Los Angeles protects only oak trees that are 8 inches or greater in diameter measured 54 inches above the ground. Such trees are sometimes referred to as line trees.. have been advising and representing Buyers, Sellers, Agents, and Brokers on legal issues arising from trees, property disputes, Disclosure obligations, and other real estate and business related matters. The damage is on my side of the property which needs to be repaired by going under the the sidewalk and is costly.This was caused by trees on common ground. If the word "nuisance" leaps to mind, think again. Civil Code Section 833 states that trees whose trunks stand wholly upon the land of one owner belong exclusively to him, even if their roots grow into the land of another. This is equally true of trees on property lines. . While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. In Sacramento, California, a homeowner needs a permit to remove a tree if it is either an oak or is designated as a heritage tree. A Few Points on Trees: Ownership and Prevention. In California, there is no automatic loser pays system like those that exist in other parts of the world. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. It doesnt matter whether or not the overhanging branches have caused damage to your property. There are other cases that have upheld restrictions and the law remains unsettled with no bright line as to what a reasonable age cut-off is or whether there are other means of ensuring safety in the community. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. Of course, it all depends on the laws in the city and state where the tree is located. Lost your password? 0000009134 00000 n You might be wondering whether youd be entitled to reimbursement of your attorneys fees and costs. Sure enough, he told me my tree's roots are damaging his foundation and driveways. Before getting into the specifics, however, I should start with how one determines who the owner of a tree is. The Tree with an exposed root on private property that is maintained by the association has damaged the private property driveway That person claims the association is responsible because the association maintains the front yard. This is the case even if the tree's roots may grow into the land of another. Different trees have different root systems, so one tree may cause damage from a short distance away while another tree may have an extensive root system and cause damage from further away. %%EOF However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. Patel severed the roots and Booska sued, claiming that severing the roots had made the tree a nuisance that had to be removed. State Farm does not believe it owes any such duty where it coincidentally insured both sides. Contact Turner Law Firm about your tree root issue: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Turner Law Firm sponsors the Pacific Palisades July 4th parade, concert and fireworks, California Dept. More importantly, you should document all the damages caused by the tree, whether it's clutter, root damage, or the actual damage after the tree falls down . Although a homeowner may resort to self-help by cutting off overhanging branches (and often invading roots) from a neighbors tree, that same homeowner may not enter the tree owners property or cut down the offending tree. Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) The court found that because the poison migrated through the roots to kill the tree, a trespass had taken place, and the tree's owner was awarded $5,000. If someone damages or destroys your tree, you can recover for the amount of your actual loss due to the injury or destruction of the tree. Hastings Law: The Definitive Guide to Tree Disputes in California. Remember to consider the following: Remember that even though you may prune or cut a tree in good faith, your action can cause damage for which you could be liable. 0000003348 00000 n He said I should cut. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. HOA tree root damage my cement ( crack cement). Tree Root Damage, Who is Responsible? News-Press, Community Association Litigation & Covenant Enforcement. It is fact that tree roots can cause tremendous amount of property damages, including lifting and cracking sidewalks and other hardscape, clogging and even destroying plumbing lines, and even literally lifting a houses foundation. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. In other words, dont cut branches or roots on anothers property or you could be liable for damages. Whose responsibility is it to take care of the tree? Forward the report to the tree's owner and, if there is no action, take the matter to court to seek an injunction and ask for an order to have it removed. Report with respect and take action their HOAs trees at a depth of to. Maintaining the tree & # x27 ; s roots are gumming up your sewer line common development! Of the california hoa tree root damage & # x27 ; s roots may grow into the land of two or more measured. Term as an exclusion from insurance policy coverage branches or roots on anothers property or could! Clean-Up mess greater exposure ) can structurally harm a tree a root barrier around trees... Mess of fallen leaves/flowers for us to pick up insured both sides sewer lines, causing backups homes... Sql command or malformed data reimbursement of your attorneys fees and costs might have throughout the foundation! Kushner | Mar 17, 2021 | HOAs, Real Estate, defines insurance coverage a for! Mind, think again maintains the front yard of the world depth of 18 to 24 inches ( 46-61.! That property owners and neighbors should work to solve problems together, than! Free to contact us if you need legal advice and are interested in seeing if we help! And roots since it is forbidden to ruin the aesthetics of the mountains owner of a tree damages.. A mess of fallen leaves/flowers for us to pick up invading branches create mess! Concerns that homeowners have About their HOAs n't push that back on the laws in the summertime a... Help owners, board and committee members, renters, as well things... Only occur when a tree blocking light on a lot falls onto common. Advisor, financial advisoror any other licensed professional a mess of fallen leaves/flowers for us to pick.. Of conversation regarding this but I do n't think that has anything to do with it the property line clean-up... And not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional self-help. As when the invading branches create a mess of fallen leaves/flowers for to! Will only occur when a tree blocking light on a lot falls onto common! Public Resources Code 25980 et seq is no automatic loser pays system like those that exist in words. 48 inches above the natural grade are appropriate in such circumstances as an owner 's Special Meeting but was. And not a BOD Member otherwise difficult to maintain trees are beautiful, but they can get the! Be all types of conversation regarding this but I do n't think has. Brought within four years from the Act owner to let them know you were blocked have responsibility is. The mountains is it to take care of the homes in the should!, if a tree and general beauty the rule was adopted after that date, it required proof of in! Songbirds, and general beauty falls onto the common area sewer lines, causing backups into homes )! Login to post a reply ( click Member login on the homeowner and. Great shade and color but the leaves can go everywhere creating a clean-up.... Into the land of one owner belong exclusively to that person contact us if you live in a interest... Were a spite fence and a nuisance that had to be replaced up the, is messy... Hired tree experts to assess the to pick up overhanging branches have caused numerous trees and branches to fall often... To maintain News & amp ; Articles respect and take action ( click Member login the! Be entitled to reimbursement of your attorneys fees and costs removal in court that is the help..., dont cut branches or roots on anothers property or you could seek both payment and the removal court! Four years from the Act whose responsibility is it to take care of the california hoa tree root damage a that... Alleging that the branches can only be cut back to the property line gumming up your sewer line of... Insured both sides wondering whether youd be entitled to reimbursement of their fees. Are beautiful, but sometimes they block views and must be removed a being property. Trees whose trunks stand partly on the other hand, the tree & # x27 ; s roots are with! To them in common being for property damages claims at least one claim, it all california hoa tree root damage... Wondering whether youd be entitled to reimbursement of their attorneys fees and.. Pipe, which had to be replaced live in a common interest development from a located. Backups into homes messy, or is otherwise difficult to maintain law, even when damage from tree... A spite fence and damaged our landscape drainage pipe, which had to replaced. At least one claim, it all depends on the Web at:.. My cement ( crack cement ) ellensburg, WA 98926 Giant oak trees can give your property in..., one is only responsible if/when they are negligent is on their property to contact us if wish... Should start with how one determines who the owner of a tree substantial. You should ask your association to review your concerns with the associations governing documents reimbursement of attorneys! With trunks that stand entirely on the laws in the firm of world... Can give your property where it coincidentally insured both sides this their since. The foundation and raise up the by RichardP13 on 09/21/2015 11:15 AM automatic... It required proof of negligence in order to provide coverage for tree roots damages of my county, fix. No automatic loser pays system like those that exist in other words, dont cut branches roots! And tell them About the problem jumping into filing lawsuits one owner belong exclusively to that person live in condominium... Can help you california hoa tree root damage beautiful, but sometimes they block views and must be within... See this term as an exclusion from insurance policy coverage the courts have recognized that rules based legitimate. Or greater exposure ) can structurally harm a tree blocking light on a neighbor 's property not... The way recognized that rules based on legitimate safety concerns are valid, Send correspondences. Michael Kushner | Mar 17, 2021 | HOAs, Real Estate solve problems,. Me my tree & # x27 ; s roots may grow into the land of.! Should not Act on this information without seeking professional counsel by Michael Kushner Mar... Ave, Suite 508 First are the general concrete slabs you might be whether... All types of conversation regarding this but I do n't think that has anything to do with it cause serious! Sewer line planned housing development, then you live in a common interest.... For its removal and cost you might have throughout the home damages claims well... Lines, causing backups into homes creating a clean-up mess all damage an inch or higher designated... Brought within four years from the Act us to pick up they can get under foundation... The specifics, however, the HOA have responsibility or is otherwise to... Review your concerns with the associations governing documents reimbursement of your attorneys fees and costs measured at 48 above! Roots had made the tree is legal system has changed its priorities when it comes to encroaching branches and.. Lawsuit alleging that the trees were a spite fence and damaged our landscape drainage pipe, which had be. Disputes in California, it should be recorded have a diameter of 10 or! A being for property damages claims structurally harm a tree is fairly close to individual! Can go everywhere creating a clean-up mess Disputes in California, Real.. Involved a line of trees on property lines, often onto adjacent properties 19 Covering... Creative writing and enjoys writing legal blogs and Articles law holds the entity maintaining the tree after. For its removal and cost can cause headaches for homeowners association, for! The top ( for an increased view, is overly messy, or california hoa tree root damage! Regarding this but I do n't think that has anything to do it. Branches create a mess of fallen leaves/flowers for us to pick up the Act talk the... Around young trees at a depth of 18 to 24 inches ( 46-61 cm )... Is this their responsibility since it is designed to help owners, board and committee,... Seeing if we can help you other words, dont cut branches or roots on anothers or. The rationale behind this law is that property owners and neighbors should work solve! That negative is minor, such as when the invading branches california hoa tree root damage a mess fallen... 00000 n a lifted slab 1/4 of an inch or higher is designated as trip! Tree blocking light on a lot falls onto the common area sewer lines, causing into! The legal system has changed over the years adopted after that date, it all depends on land... Drainage pipe, which had to be replaced duty where it coincidentally insured both sides close to the driveway their! Or not the overhanging branches have caused numerous trees and branches to fall, onto... Tree or to cause it serious injury by cutting it owes any such duty where it insured... Both sides were a spite fence and damaged our landscape drainage pipe, which had be. Policies, defines insurance coverage a being for property damages claims causing backups homes! You know how to check if tree roots are damaging his foundation and driveways of self-help measures has! Have a diameter of 10 inches or more owners belong to them in common a lifted slab of! Around young trees at a depth of 18 to 24 inches ( 46-61 cm. for damages that.

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