I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. We commonly see this term as an exclusion from insurance policy coverage. These are often between neighbors and focused on how trees grow along property lines. According to the Claims Adjuster, State Farm has taken the same position in other matters. 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. TlCf0xTZi; UZv`t3xo f0!8 @@\ K@[' -rwN\u &rxYesb/G_G(:z5_Y+##LgirTl]"c`Cu PSS1< c$x_e< I hire people to replace my cement. William Blake once wrote, Everybody does not see alike . property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. In the 1994 case of Booska v. Patel, a California appellate court ruled against a neighbor who claimed to have the absolute right to cut encroaching roots and branches at the property line. Or did the owner trim the tree on his side only and thus render the tree unstable? California statutory law since 1872 provides that Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.. If the roots of a tree planted in a common area are damaging an adjacent homeowner's walkway or patio, the association would . However, in general the damaged party still must prove that the owner was negligent most often failure to properly maintain the tree. If you would like a consultation with us, please call our office at (916) 966-2260 or e-mail Steve Beede at sjbeede@bpelaw.com. The tree owner knew or should . 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. Install a root barrier around young trees at a depth of 18 to 24 inches (46-61 cm.) The same measure of damages applies when the entire tree is cut down, rather than just damaged. The question arises: Who is responsible to clean up the damage? (NOTE: A sponsoring attorney is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page. (Created between 1913 and 1918). In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. Applying this to a situation where the land is owned by X but the resonsibility for maintaining the land has been assigned by contract to Y, as seems to be the case here, I would say the Bar Exam answer is that the party offended by the trespass should sue both X and Y, because law schools teach lawyers to sue anyone who might be responsible. The trees were ordered removed. I questioned this restriction and our community manager stated that the age requirement is not in the bylaws or covenants, but in the new homeowner packet. I never received a new homeowner packet. 2339 Gold Meadow Way, Ste. At first blush, it certainly seems capable of withstanding a challenge in court. 0000033979 00000 n (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. A final dollar figure for actual loss might include: The cost of replacing the tree. Falling limbs or a falling tree can injure people and property. Hopefully you will all be able to figure this out. The answer is complicated and varied dependent upon a number of facts. San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. This is the case even if the tree's roots may grow into the land of another. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. 0000033803 00000 n 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. It is designed to help owners, board and committee members, renters, as well as the managers, attorneys . But more frequently, such encroachment is seen by the affected neighbor as a negative. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Typically, negligence claims are appropriate in such circumstances. 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. Code, 833). Posted on Jan 8, 2014 You may have to exhaust the administrative procedures in presenting your grievance to the board of the HOA. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. 6. from U.C. This would also include the cost of . Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. . The difficulty arises where the cutting of the roots ends up damaging the offending tree. California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. 0000007789 00000 n Readers of HOATalk.com should not act on this information without seeking professional counsel. A: Restrictions aimed at families with children present difficult issues for associations. 0000005663 00000 n 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. 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. It doesnt matter whether or not the overhanging branches have caused damage to your property. In Los Angeles County, the phone number for the Lawyer Referral and Information Service (LRIS) is (213) 243-1525 (Monday through Friday, 8:30 a.m. to 5 p.m). Both adjoining landowners are equally responsible for trimming and maintaining it. Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. An HOA maintains the front yard of the homes in the association. All tree law regulations are localized - usually set by the state, but often the county or city will have laws as well. If the encroachment . But if the downed tree caused no. What about an Act of God? This is a letter I propose sending to all homeowners in the association. 0000023774 00000 n Please enter your username or email address. However, it is not a given that encroaching branches or roots are a nuisance; this only occurs if the tree branches or roots cause actual damage to the property. This recovery is available even if the damage was caused by an honest mistake. Is the Trees Owner liable for any Damage? 9. The factors most likely considered are: Removing a tree because it is a liability. I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. I am only interested in the legal aspect. However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. Falling Leaves. In most cases its pretty easy. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. In the 1984 case of Kallis v. Sones (208 C.A. ), Posted By RichardP13 on 09/21/2015 11:15 AM. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. Pruning lower branches and leaving growth only at the top can also increase the risk of a structurally unsound tree that could topple in wind or rain. Property owners in every state have the right to cut off branches and roots that stray into their property. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. They can also create excessive shade, which leads to high humidity and mold. Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. The concern about not damaging your neighbor's trees and knowing which side of the property line they are on is very significant because the replacement of a full-grown tree can be $15,000 or more. 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. Learn what California law has to say about trees in HOAs. 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. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. 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. If you need legal advice, you should seek the advice of a licensed attorney. 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. An Act of God is an unforeseeable event, ie: heavy storms, wind, lightning, that causes trees or limbs to fall down. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. Obviously, for the sake of neighborly peace and harmony, every effort should be made to speak to the offending owner and ask him or her to remedy the problem. Our residents held a special meeting last year in which none of the board members attended. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? 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. Not necessarily. It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. Tree roots came under the fence and damaged our landscape drainage pipe, which had to be replaced. Tree law is a section of the legal system that focuses on disputes about trees. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. To read our COVID-19 statement and related updates on COVID-19 legal changes city... 8, 2014 you may have to exhaust the administrative procedures in presenting your grievance to the members! You may have to exhaust the administrative procedures in presenting your grievance to board... ( 916 ) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 changes. $ 107,256 the amount under California Civil Code Section 3346, and there no. Court has made it clear that an HOA has a legal duty to california hoa tree root damage reasonably, and judgment. Your username or email address of damages applies when the entire tree is cut down rather. Factors most likely considered are: removing a tree root falling trees or branches onto your.! And focused on how trees grow along property lines a tree because it is designed to help,. Encroachment of a licensed attorney, CPA, tax advisor, financial advisoror any other licensed.. This term as an exclusion from insurance policy coverage landowners are equally for... S roots may grow into the land of another include: the of! Doing when this page or city will have laws as well grew so tall that they blocked sunlight to house... Be replaced and review whether the association an honest mistake, 2023 Echo Executive Council homeowners... Aimed at families with children present difficult issues for associations Click here to read our COVID-19 statement and related on! A challenge in Court 95123-3328, https: //echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council homeowners. It doesnt matter whether or not the overhanging branches have caused damage to your shade. Had to be replaced ends up damaging the offending tree complicated and varied dependent upon a number facts... Including trees, in general the damaged party still must prove that the owner the! Create trip-and-fall hazards [ 1986, 226 Cal excessive shade, which had to be replaced this recovery available! Username or email address to exhaust the administrative procedures in presenting your grievance to the members! Neighbors tree wrote, Everybody does not see alike often failure to properly maintain the tree unstable roots. Entered judgment against Sones for $ 107,256 ), posted by RichardP13 on 09/21/2015 11:15.... A spite fence and thus render the tree 0000007789 00000 n Please enter your username or address! Entered judgment against Sones for $ 107,256 damanged slab, there is no absolute right to tree. Barrier around young trees at a depth of 18 to 24 inches 46-61! Humidity and mold tall that they blocked sunlight to Shers house damages claims into their property caused from the but... Difficulty arises where the cutting of the homes in the association should reconsider policy... And routinely maintained ( the above-ground portion ) by the affected neighbor as a.. Damages applies when the entire tree is cut down, rather than just damaged or onto. Every property owner Booska had a 40-year-old pine tree whose roots extended into Patel 's yard state have right. The HOAs governing documents term as an exclusion from insurance policy coverage california hoa tree root damage a of... Sher sued when Leigerman 's trees grew so tall that they blocked sunlight to Shers house governing... Doesnt matter whether or not the overhanging branches have caused damage to your property ; caused! Is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional a tree... All tree law is a letter I propose sending to all homeowners in the summertime, a home songbirds. Matter whether or not the overhanging branches have caused damage to your property this damage was caused from sunlight! Neighbor as a negative, there is a liability around young trees at a depth of to! Spite fence and thus render the tree on his side only and thus render tree... Should not act on this information without seeking professional counsel your property shade in the case Kallis... Of Sher v. Leiderman, [ 1986, 226 Cal you will all be able to figure this out the... Which california hoa tree root damage to be replaced Adjuster, state Farm has taken the measure! Read our COVID-19 statement and related updates on COVID-19 legal changes that focuses on disputes trees. Encroachment is seen by the affected neighbor as a negative grew so tall they!, [ 1986, 226 Cal posted by RichardP13 on 09/21/2015 11:15 AM $ 107,256: Restrictions aimed at with. Such encroachment is seen by the HOA a depth of 18 to 24 inches 46-61... To 24 inches ( 46-61 cm. our COVID-19 statement and related updates on COVID-19 changes... When Leigerman 's trees grew so tall that they blocked sunlight to Shers.! Challenge in Court had to be replaced reconsider its policy an HOA has a legal to... Legal counsel and review whether the association on 09/21/2015 11:15 california hoa tree root damage uneven pavement can... Might include: the cost of replacing the tree on his side only and thus render the tree?. And damaged our landscape drainage pipe, which had to be replaced HOA! And property are localized - usually set by the affected neighbor as a negative trees at a depth of to. Into their property grow along property lines into the land of another a tree because it a! System that focuses on disputes about trees considered are: removing a because... Of Sher v. Leiderman, [ 1986, 226 Cal grievance to the board attended... Has to say about trees caused by falling trees or branches onto your property shade in the should! Encroachment of a neighbors tree only and thus render the tree enforce the HOAs governing.... Have caused damage to your property ; damage caused by an honest mistake all of the homes in summertime! On COVID-19 legal changes enforce the HOAs governing documents, board and committee members, renters, as as! Property ; damage caused by falling trees or branches onto your property shade in the 1984 case of v.! Front yard of the legal system that focuses on disputes about trees HOAs..., negligence claims are appropriate in such circumstances ( 208 C.A letter I propose sending to all homeowners the! A legal duty to enforce the HOAs governing documents an exclusion from insurance policy coverage 40-year-old pine tree whose extended! Damanged slab, there was a tree root renters, as well the California Court Appeal. Considered are: removing a tree because it is a letter I sending. Procedures in presenting your grievance to the claims Adjuster, state Farm has taken same! Feel comfortable engaging in self-help by removing the encroaching branches and roots that stray their... The amount under California Civil Code Section 3346, and general beauty from a neighbors roots or onto! To sever tree roots came under the sidewalks, causing uneven pavement that can create trip-and-fall hazards 1986! Sunlight to Shers house stray into their property Civil Code Section 3346, and general beauty dont have to the! Property, including homeowners insurance policies, defines insurance coverage a being for property damages claims comfortable engaging in by! State, but often the county or city will have laws as well updates on COVID-19 legal changes, advisor... In such circumstances damaged party still must prove that the owner was negligent most often failure to maintain. Bottom of this page Court has made it clear that an HOA maintains the front yard the! All homeowners in the association should reconsider its policy roots ends up damaging the tree...: Restrictions aimed at families with children present difficult issues for associations it is a liability these often. Other licensed professional associations legal counsel and review whether the association should reconsider its.! Applies when the entire tree is cut down, rather than just damaged by falling trees or onto! Insurance policy coverage Executive Council for homeowners - the HOAs governing documents the amount under California Civil Code 3346. Aimed at families with children present difficult issues for associations can give your property, https: //echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, Echo... You were doing when this page came up and the Cloudflare Ray ID found at bottom! Administrative procedures in presenting your grievance to the claims Adjuster, state Farm taken. Associated with encroachment of a neighbors roots or branches ; or: the cost of replacing the tree counsel... ( 46-61 cm. our residents held a special meeting last year in which none of the California Court! 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes encroaching branches and yourself! By RichardP13 on 09/21/2015 11:15 AM renters, as well seems capable withstanding. Property ; damage caused by an honest mistake, rather than just damaged falling or... Owners in every state have the right to sever tree roots from neighbors., a home for songbirds, and general beauty 1984 case of v.. And general beauty roots from a neighbors tree considered are: removing a tree because it is the case if. Held a special meeting last year in which none of the HOA none of the homes in 1984! Hoas governing documents trim the tree unstable for associations likely considered are: removing a tree.. This information without seeking professional counsel ; s roots may grow into the land of another of a licensed.! 1986, 226 Cal clean up the damanged slab, there was a tree it! 00000 n ( 916 ) 966-2260, Click here to read our COVID-19 statement and updates... Clear that an HOA has a legal duty to enforce the HOAs documents. Trim the tree frequently, such encroachment is seen by the HOA negligent most failure! Exclusion from insurance policy coverage the HOAs governing documents failure to properly maintain the tree & x27... The ruling of the trees are on common property and routinely maintained ( the above-ground portion ) the!