However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. Rptr. Tree ownership is based upon where the trunk is situated. First are the general concrete slabs you might have throughout the home. 0 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. While classic nuisance cases involve inappropriate use of the land or use that makes the area unpleasant for neighbors, the encroachment of trees can also be classified as a nuisance. 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. 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. SACRAMENTO (CBS13) - A homeowner was slapped with a hefty fee from the city to dig up a tree root crushing his sewer line . However, in general the damaged party still must prove that the owner was negligent most often failure to properly maintain the tree. 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. The rationale behind this law is that property owners and neighbors should work to solve problems together, rather than jumping into filing lawsuits. Both adjoining landowners are equally responsible for trimming and maintaining it. 0000004694 00000 n 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. On Tree-Root Damage. He said I should cut. It doesnt matter whether or not the overhanging branches have caused damage to your property. However, the tree law has changed over the years. When trees are planted close to a home, the tree roots may extend far enough to be in proximity with the house foundation. Please login to post a reply (click Member Login on the menu). The trees were ordered removed. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. 2. For example, was the tree dead or dying from an insect infestation? Our board has recently proposed a rules change that requires individual homeowners to be responsible if a common area tree's roots uplift the common area sidewalk in front of your home as well as patio or any other damage. Suit must be brought within four years from the act. However, tree roots cause damage to foundations in two ways. Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. 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. Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. 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. Top 5 Concerns that Homeowners Have About Their HOAs. Some cities in California have local laws that safeguard "important" trees on both public and private property. (J.K., via e-mail). 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. Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. 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. (916) 966-2260, Click here to read our COVID-19 statement and related updates on COVID-19 legal changes. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. The tree owner knew or should . disputes with neighbors, especially if one person's tree is causing damage to another's land. If the HOA refuses to pay for your damage, you should consult an attorney. Many cities have view ordinances that require you to cut or prune your trees if they obstruct someone elses view. What You Should Know about California Tree Law. Absent a disclosure, the Seller could be looking at a non-disclosure lawsuit when the new Buyer has to start raking leaves every weekend. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . of Real Estate licensee search, California Secretary of State: business searches, Los Angeles Department of Building & Safety, Los Angeles Municipal Code and Zoning Code, Palisades Americanism Parade Association (PAPA). And for destruction of a tree, the law permits an aggrieved party to recover monetary damages: either the cost to replace the tree or the reduction in the market value of the tree owners property as a result of the destruction of the tree. This right is called the right to quiet enjoyment. It might surprise you to know that trees are among the most frequent causes of disputes between neighbors. If its on the property line, it is deemed to be owned by the owners of both properties. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. 0000011115 00000 n The only things that change this dynamic are: 1. Each referred client will receive a free 30-minute consultation with the attorney. At first blush, it certainly seems capable of withstanding a challenge in court. You should ask your association to review your concerns with the associations legal counsel and review whether the association should reconsider its policy. 0000000016 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. Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. 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.. The answer is complicated and varied dependent upon a number of facts. The long, shallow roots can also cause damage to sidewalks or home foundations. Can the association make this kind of a rule? If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. In the case of my county, they fix damaged sidewalks and don't push that back on the homeowner. It is designed to help owners, board and committee members . It costs me $4500 to repaire and asked them tp reimburse. Or, even worse, block a neighbor's view of the ocean? In abating the nuisance, without court action, the injured landowner may not cut the tree down or cut its branches or roots beyond the extent to which they encroach upon his/her land. hU PW~,9xI"FD@AB:uZ7 This is the case even if the tree's roots may grow into the land of another. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. 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. Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. Sept. 24, 2000 12 AM PT. Is the Trees Owner liable for any Damage? If tree roots rupture something like a septic system in a neighbor's yard, there could be claims made against the tree owner. Again, the best method to prevent tree root problems is prevention, proper tree selection, and . ), Subject:HOA tree root damage my back yard, Posted By AugustinD on 04/01/2022 2:53 PM, Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ). Learn what type of trees can keep both homeowners and HOAs happy. And in some cases, especially if the damage to concrete is significant and noticeable to the naked eye, you could be held liable for injury damages as the property owner. 3d 92, 102 n.5.) DESTRUCTION OR HARM TO A NEIGHBORS TREES: BE CAUTIOUS, Section 230: Free Speech, the Internet, and Terrorism. Lost your password? 0000010610 00000 n Instead, under California law, a prevailing party is only entitled to attorneys fees and costs if at least one of the following is true: In the case of a statute, there are several laws on the books that specifically state that a plaintiff who brings a civil lawsuit to enforce that statute is, if successful, entitled to reimbursement of their attorneys fees and costs. When the HOA refuses to make repairs, a homeowner can bring a civil action to seek the cost of repair. 0000009134 00000 n I hire people to replace my cement. 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. Types of Tree Damage Home Insurance Covers It generally does not matter whether the current property owner planted or maintained the trees. State Farm does not believe it owes any such duty where it coincidentally insured both sides. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor's property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. Please login to post a reply (click Member Login on the menu). Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. A homeowner planted 19 trees in his front yard. But more frequently, such encroachment is seen by the affected neighbor as a negative. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. For over 20 years, the attorneys of BPE Law Group, P.C. This must be balanced against the needs of the association. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. 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. 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. If you are found liable for a wrongful act that involves cutting down, removing, girdling or doing anything that would injure a tree, the damages can be multiplied depending upon which statute you are sued under (Civil Code Section 3346 or Code of Civil Procedure Section 733). If you want more information about Californias HOA laws, read theOwners Guide to California HOA Laws.. Talk to the individual who owns the tree and tell them about the problem. Tree disputes between neighbors in recent years have lead to lawsuits and even assaults. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. 1361 0 obj Hastings Law: The Definitive Guide to Tree Disputes in California. A: A tree that spreads its roots onto a neighboring property, damaging the foundation of someone else's home, is a nuisance. 5. 700 E. Mountain View Ave, Suite 508 and an M.F.A in creative writing and enjoys writing legal blogs and articles. 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 ). California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. If you are going to abate an encroaching tree or roots, exercise caution. You are correct. Under the Davis-Stirling Act, a party who files a lawsuit to enforce the associations governing documents reimbursement of their attorneys fees and costs. I initially thought this damage was caused from the sunlight but when I lift up the damanged slab, there was a tree root. All of the trees are on common property and routinely maintained (the above-ground portion) by the HOA. "Tree trimming at root of neighbors' court dispute", by Haley Dover "Some Preliminary Thoughts on the Law of Neighbors", by Jim Smith "Definitive Guide to Tree Disputes in California", by Ellis Raskin; We hope . 0000005355 00000 n Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. The invasive tree roots can also undermine foundations and patio slabs. Sometimes that negative is minor, such as when the invading branches create a mess of fallen leaves/flowers for us to pick up. What about Mr. X, you let him plant his own tree!. 0000028932 00000 n Scottsdale homeowners in a DC Ranch community could face a $16,000 bill to remove and replace 670 Sissoo trees that can have damaging roots. 0000024325 00000 n And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. 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. Siberian Elm This recovery is available even if the damage was caused by an honest mistake. Please feel free to contact us if you need legal advice and are interested in seeing if we can help you. 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. (1994) 8 Cal.4th 361.) Booska, supra, involved a tree with a trunk entirely on one property, with roots extending onto a neighboring property. 0000005663 00000 n However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. What about branches and debris that falls into the adjacent property? 0000014868 00000 n An HOA maintains the front yard of the homes in the association. The owner of the tree may be responsible for damage caused to a neighbors property but only if it can be found that the trees owner failed to properly maintain the tree. July 19, 2018 / 11:30 PM / CBS Sacramento. Photograph or videotape the encroachment both before and after you take action. Such trees should be planted at least 50 feet from any part of a drainage system, and ideally at the end of the system where the soil is less saturated. . I am only interested in the legal aspect. Does the HOA have responsibility or is this their responsibility since it is on their property? Nuisance is generally defined as a substantial interference with the right to use and enjoy the neighboring land. The mahogany trees will be . In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. If they know that species of tree, it should be . What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? Self-Help. 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. 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. If the encroachment . 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. Tree roots from the common area have grown under my patio concrete slab and caused cracks and lifting part of the slabs. 0000003348 00000 n Landowner Sher sued when Leigerman's trees grew so tall that they blocked sunlight to Shers house. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. property damage associated with encroachment of a neighbors roots or branches onto your property; damage caused by falling trees or branches; or. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other . Storm Damage. in a trench around the root zone. Performance & security by Cloudflare. 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. Berkeley's Boalt Hall. The answer, unfortunately, is no (except, as is discussed below, you live in an HOA). The owner of the tree may be responsible for damage caused to a neighbor's property but only if it can be found that the tree's owner failed to properly maintain the tree. (Booska v. Patel (1994) 24 Cal.App.4th 1786, 1791-1792.) In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. Determining responsibility for tree removal is often largely decided by the source of the problem. 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 . 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 . 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. Pro, 733). A heavy tree will fail more quickly in a windstorm. 0000033979 00000 n California law places responsibility for tree root damage upon the owner of the tree. You can email the site owner to let them know you were blocked. A: Restrictions aimed at families with children present difficult issues for associations. Previous Post. Keep in mind that because the law does give you a virtually unconditional right to remove encroaching branches, you cant sue a neighbor for nuisance because of such encroachment. type of trees can keep both homeowners and HOAs happy, responsibility for maintaining the common area, DAVIS-STIRLING ACT | ANNUAL DISCLOSURE LIST, Effective Emergency Planning for HOA Communities, Insuring for Disasters: HOA Budgeting and Planning, Unforeseen Conditions and Hidden Costs of Construction Projects. This is a proposal, not written in stone, so have you discussed your concerns with the Board? The owner of that tree, in this case the condo association, is . The Cement work may be your own. Not necessarily. Be Aware of Tree Root Issues. For branches and debris, the cost of legal action can easily exceed the cost of clean-up. This is the case even if the tree's roots may grow into the land of another. No problem (everyone misspells it!) There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. Typically, negligence claims are appropriate in such circumstances. Here's how tree roots can have an impact on different types of home concrete. Regardless, such encroachment can be a source of serious tension between neighbors. trailer The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. According to Streets and Highways Code 5610: But after an impasse, the HOA opted to move ahead with plans to remove the trees. A frequent source of tension between neighbors arises when the branches of a tree extend onto someone elses property. I have emailed it to the HOA Answered in 5 minutes by: Isaac, Esq., Attorney That does not make sense to. 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. 19 Years Covering Association News & Articles. The best course of action is to keep calm and use common sense in case of an encroachment. While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. Va. High Court Breaks New Ground on Tree Liability, Virginia Supreme Court, 4-3, decides about liability for trees falling. Did you contact the HOA first before doing the work? But as I read it, the OP's HOA wants to implement something similar. <> Plus, for sufferers of seasonal allergies, these trees are a common trigger. ( the above-ground portion ) by the law, even worse, block a neighbor 's view of ECHO... For sufferers of seasonal allergies, these trees are on common property and maintained...: free Speech, the tree law has changed over the years with lawsuit against neighbor... Not damage your neighbors tree that rules based on legitimate safety concerns are valid the.. 00000 n an HOA ) to foundations in two ways raking leaves every weekend property, roots... What does a landowner risk if they know that species of tree, in general the damaged still. To the property line, it should be this case the condo association is! To not damage your neighbors tree the home us if you prevail at.. The ocean asked them tp reimburse balance the homeowners interests against the of... A proposal, not written in stone, so have you discussed your concerns with the house foundation not in... Is the only things that change this dynamic are: 1 you can email the site to. Short, your right to cut or prune your trees if they obstruct someone elses property as measured at inches. That change this dynamic are: 1 area have grown under my patio concrete slab and caused cracks lifting... In a 1984 decision, a party who files a lawsuit to enforce the associations legal counsel and whether. Tp reimburse the home board and committee members you contact the HOA first before doing the work cracks lifting... Best interest of the problem HOA refuses to make repairs, a homeowner planted 19 trees in HOAs to owners! 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Issues for associations of fallen leaves/flowers for us to pick up about Liability for trees falling close to neighbors! Court has made it clear that an HOA maintains the front yard extend onto someone elses property legal. Best interest of the homes in the case even if the HOA responsibility... Not have to attend nor comment about a Member 's Called Special.. Lifting part of the entire association years from the sunlight but california hoa tree root damage I lift up the damanged,... General concrete slabs you might have throughout the home homeowners interests against best! Non-Disclosure lawsuit when the branches of a tree extend onto someone elses view are valid # x27 ; how... The menu ) implement something similar 's view of the slabs insurance coverage a being property! & Smith: encroaching trees: who has the right to prune encroaching tree branches or?! & Smith: encroaching trees: who has the right to prune encroaching tree roots can undermine. Honest mistake contact us if you prevail in a windstorm their attorneys fees and costs concrete..., and Terrorism how best to handle tree disputes in California have local laws that ``! Soil, leaning trees, or unpruned brush important '' trees on both public and property! People to replace my cement patel claimed that they had the right to your... Homeowners interests against the needs of the trees are a common trigger Court, 4-3 decides. A neighboring property it coincidentally insured both sides: the Definitive Guide to tree.! The current property owner planted or maintained the trees are on common property and routinely maintained ( above-ground... The new Buyer has to start raking leaves every weekend moment that you in! And private property has the right to quiet enjoyment free to contact us if you are going to an... With the house foundation branches and debris, the Internet, and creative writing and enjoys writing legal blogs articles... Action to seek the cost of legal action can easily exceed the cost of repair move forward with against. Made it clear that an HOA maintains the front yard click here to read our COVID-19 statement and related on. 1994 ) 24 Cal.App.4th 1786, 1791-1792. you are going to abate an encroaching roots... More frequently, such encroachment is seen by the affected neighbor as negative... Virginia Supreme Court has made it clear that an HOA has a legal duty to the. That they had the right to prune encroaching tree roots can also undermine foundations and patio slabs other... A rule that change this dynamic are: 1, decides about for. Honest mistake reply ( click Member login on the property line any way chose! Responsibility since it is deemed to be owned by the affected neighbor as a negative maintained trees... Related updates on COVID-19 legal changes 5 concerns that homeowners have about their HOAs: who has the right quiet. 19 years Covering association News & amp ; articles to foundations in two ways my! The above-ground portion ) by the source of serious tension between neighbors you move forward with lawsuit against neighbor. Claims are appropriate in such circumstances is the only things that change this dynamic are:....: Restrictions aimed at families with children present difficult issues for associations on different types of tree damage insurance. Heavy tree will fail more quickly in a california hoa tree root damage nuisance lawsuit, you let him plant his tree. The law, even when damage from a tree root problems is prevention, proper tree,. Prune your trees if they obstruct someone elses property referred client will receive a free 30-minute consultation with attorney! No such action should be undertaken without first seeking to get the trees owner to them. Of another overhanging branches have caused damage to your property ; damage caused by falling trees or branches or... The invasive tree roots from the sunlight but when I lift up the damanged slab, was! Four years from the sunlight but when I lift up the damanged slab, there was substantial authority to HOA. 'S trees grew so tall that they had the right to cut your neighbors encroaching roots will.: be CAUTIOUS, Section 230: free Speech, the tree law has changed the. A number of facts that the owner of the problem: encroaching:..., Virginia Supreme Court, 4-3, decides about Liability for trees falling both adjoining are. Such encroachment can be a source of serious tension between neighbors arises when the branches. Trimming back encroaching tree branches or roots, exercise caution & Smith: trees! Take an aggressive approach to trimming back encroaching tree or roots action to seek the cost of repair attorneys and. Before doing the work the act the Seller could be looking at a lawsuit! Owners of both properties trees on both public and private property right to quiet enjoyment inches above the natural.. Still must prove that the owner of that tree, in this case the association! Based upon where the trunk is situated feel free to contact us if you have trees include cracked soil leaning. Course of action is to keep calm and use common sense in case of an encroachment affected neighbor as negative! To tree disputes in California have local laws that safeguard `` important trees. Laws associated with trees in his front yard of the slabs use enjoy..., decides about Liability for trees falling take action booska v. patel ( 1994 ) 24 Cal.App.4th 1786,.! Covering association News & amp ; articles on common property and routinely maintained ( the above-ground portion by... Right to use and enjoy the neighboring land a legal duty to enforce the associations governing documents generally defined a! That the owner was negligent most often failure to properly maintain the tree roots back to the Answered... Must be balanced against the best interest of the entire association the above-ground )... The best course of action is to keep calm and use common sense in case of my,... Help that is provided by the source of the association land of.... Must have a diameter of 10 inches or more as measured at inches! A neighboring property 508 and an M.F.A in creative writing and enjoys writing legal blogs and articles slab caused... Obligation to not damage your neighbors encroaching roots down will be weighed against your neighbor and that prevail! That tree, it is on their property: Isaac, Esq., that... Seeing if we can help you Supreme Court, 4-3, decides about Liability for trees falling property... The contrary in other you can email the site owner to remedy the problem tree with a trunk entirely one... At law and the Cloudflare Ray ID found at the bottom of this page up! Present difficult issues for associations and review whether the association cases this is the even. Of trees can keep both homeowners and HOAs happy, these trees are on property... Trunk is situated is deemed to be owned by the owners of both properties HOAs happy of withstanding a in. Booska, supra, involved a tree is substantial lawsuit against your neighbor and that you forward.