Neighbors trees are doing damage

[dandmc]

HELP- Neighbors trees are doing damage

What is the name of your state? CA

I'm going to try posting this again since I didnt get much advice the first time


Hello and thanks in advance

I purchased a home in Los Angeles about two years ago that shares a block wall with another property. The owner has rented it out and its more like a boarding house in a single family zoning but thats another story. The problem is that there's a 30 foot long section of block wall in the back yard that appears to be on the property line, that is being damaged by trees from planted on his side. He has planted and allows seedlings of Brazililan Pepper trees to grown along our property line. Maybe 30 trees in all. Some big and some small, very ugly and very messy.

Anyway, the roots of some of the more mature ones have uplifted the block walls footer. The trunk of one is pushing and dislodgeing blocks in a few areas. They have also damaged my patio concrete and are in general a nuisance. The wall is now an eyesore and maybe even unsafe.
Im pretty sure is a shared wall but not shared damage. It appears to sit right on the property line and the owner has even agreed its "shared" property
I noticed some problems with this wall when I purchased the house but didnt know that the trees were entirely responsible as i know now. Its an old wall but would be acceptable had these trees on his property been managed and not allowed to crack and push and grow unchecked. They are basically problematic root trees that are planted in a bad spot.
I complained in writing several times to the owner about the wall and he said he would only pay 1/2 of a much cheaper wooden fence.
I dont think I should pay anything and wish he would just cut the trees and repair or replace the wall and pay the approx $4K I've been qouted. He is totally uninterested in the maintainance since he doesnt live on the property but rents it out.

Any ideas ?
Am I crazy to think that if he or his propery does damage that he is responsible even if it was pre exisiting to my purchase.
Thanks

 

[dandmc]

HELP -Neighbors invasive trees damaging boundry wall

HELP HELP HELP
please

 

[dandmc]

Does nobody have an opinoin on this

 

[jnazareno]

several solution

-why not chop off the roots on your side in hopes that the whole tree
dies? (long shot)
-poison the roots (hey I didn't say this, ok)
-pay to have owner remove trees

the owner doesn't have problems with the tree or he would have
taken care of that a while back-so it bothers you and yes you will have to spend money to take of that problem.

 

[BelizeBreeze]

several solution

-why not chop off the roots on your side in hopes that the whole tree
dies? (long shot)
-poison the roots (hey I didn't say this, ok)
-pay to have owner remove trees

And several legal problems with each of your solutions. Care to tell this poster THOSE also?

 

[jnazareno]

And several legal problems with each of your solutions. Care to tell this poster THOSE also?

the roots on the person side is consider his not the owners owning the tree.

and what's the legal problem with paying the owner of the tree to have the tree remove ?

 

[BelizeBreeze]

the roots on the person side is consider his not the owners owning the tree.

and what's the legal problem with paying the owner of the tree to have the tree remove ?

Where do you people come from?

Post here the results of a current valid survey showing the wall entirely on the neighbor's property or where exactly the property line is located then.

 

[dandmc]

thanks for the advice.

I have it from the owner in writing (and I agree) that the wall is considered shared property.


1) Chopping the roots to kill the tree in California is surely a no no. case law says 3x the value of the tree.

2) Posion--- are you serious

3) The owner is a jerk and could case less about the problems im having with the trees

I just want a safe wall that doesnt look like crap and He did the damamge and I think he should pay.
Am I right?
thanks

 

[BelizeBreeze]

I have it from the owner in writing (and I agree) that the wall is considered shared property.

And when you go for payment from the other party of course he'll just fork it over. That paper is worthless in the eyes of the court. Get the survey before you do anything.

1) Chopping the roots to kill the tree in California is surely a no no. case law says 3x the value of the tree.

If it isn't your tree.

2) Posion--- are you serious

He's an idiot. Ignore him.

3) The owner is a jerk and could case less about the problems im having with the trees

which makes your logic in the very first sentence confusing.

I just want a safe wall that doesnt look like crap and He did the damamge and I think he should pay.
Am I right?
thanks

No you are not right, based on the facts you presented here. If you don't get the survey then how is a judge going to determine if the damage is to your property, his own property or a shared property.

and even if the wall is found to be 'shared', i.e, ON the property line, then you have ONLY the right to a cure for that portion of the wall on your side of the line.

 

[dandmc]

Thanks again.
Not sure about the confusion in my logic.
The fact is when I requested repair of the block wall from this slumlord owner he wrote me back and stated:


"The wall is co-owned property and therfore any repairs should be paid by both owners"

Is this statement an acknowledgment that binds him to co-ownership?

Im 99.9% sure the wall sits on the boundry and I was hoping to avoid a survey that was quote at $1000.

It was looking like a small claims case but concrete and wall damage plus surveys will send the damages beyond the max small claims award of $5K.

Also your statement "only cure the the damage to your property" how does that work with cinder block walls, a 1/2 brick??? or 50% replacement cost.

It just seems so wrong to me that one persons unkept trees can inflict damage to joint property and that the owner that was powerless to prevent it, by not being allowed to prune roots that are not on his own property, must shell out money to repair the damage.

 

[jnazareno]

Where do you people come from?
QUOTE]

from a non-virtual world?? ..where interaction between real people are normal..where I don't spend 23+ times a day posting in one forum.
maybe you should consider getting a life or a girlfriend? maybe even a virtual one?

 

[jnazareno]

Thanks again.
Not sure about the confusion in my logic.
The fact is when I requested repair of the block wall from this slumlord owner he wrote me back and stated:


"The wall is co-owned property and therfore any repairs should be paid by both owners"

Is this statement an acknowledgment that binds him to co-ownership?

Im 99.9% sure the wall sits on the boundry and I was hoping to avoid a survey that was quote at $1000.

It was looking like a small claims case but concrete and wall damage plus surveys will send the damages beyond the max small claims award of $5K.

Also your statement "only cure the the damage to your property" how does that work with cinder block walls, a 1/2 brick??? or 50% replacement cost.

It just seems so wrong to me that one persons unkept trees can inflict damage to joint property and that the owner that was powerless to prevent it, by not being allowed to prune roots that are not on his own property, must shell out money to repair the damage.

so the other owner already agreed to pay half ? then what's your
hesitation?go for it! homeowners would be more than happy if the other owner pays for anything. I never pay for any fences even if attorneys or whatever writes me a letter on any of my rentals. hell I know lots of attny or lawyers will write any letters just to get paid! ya they have more hungry lawyers/attrny than Real Estate agents..

 

[dandmc]

so the other owner already agreed to pay half ? then what's your
hesitation?go for it! homeowners would be more than happy if the other owner pays for anything. I never pay for any fences even if attorneys or whatever writes me a letter on any of my rentals. hell I know lots of attny or lawyers will write any letters just to get paid! ya they have more hungry lawyers/attrny than Real Estate agents..

The other owners offer was to pay for a much cheaper wood fence but I suspect he would back off that offer once her saw that its more than a couple hundred.

BELIZE- PLease respond to my last post prior to this one. I appreciate the help

 

[dandmc]

Thanks again.
Not sure about the confusion in my logic.
The fact is when I requested repair of the block wall from this slumlord owner he wrote me back and stated:


"The wall is co-owned property and therfore any repairs should be paid by both owners"

Is this statement an acknowledgment that binds him to co-ownership?

Im 99.9% sure the wall sits on the boundry and I was hoping to avoid a survey that was quote at $1000.

It was looking like a small claims case but concrete and wall damage plus surveys will send the damages beyond the max small claims award of $5K.

Also your statement "only cure the the damage to your property" how does that work with cinder block walls, a 1/2 brick??? or 50% replacement cost.

It just seems so wrong to me that one persons unkept trees can inflict damage to joint property and that the owner that was powerless to prevent it, by not being allowed to prune roots that are not on his own property, must shell out money to repair the damage.

Can anyone give me if his written acknowlegement of co-ownership of the wall is suffiecent to proceed on in small claims?
Are the survey cost revcoverable if the neighbor loses the case?
thanks

 

[BelizeBreeze]

Thanks again.
Not sure about the confusion in my logic.
The fact is when I requested repair of the block wall from this slumlord owner he wrote me back and stated:


"The wall is co-owned property and therfore any repairs should be paid by both owners"
Is this statement an acknowledgment that binds him to co-ownership?

No it does not. There is no contract here.

Im 99.9% sure the wall sits on the boundry and I was hoping to avoid a survey that was quote at $1000.

And it's that 0.1% that always jumps up and bites you on the ass.

It was looking like a small claims case but concrete and wall damage plus surveys will send the damages beyond the max small claims award of $5K.

so get the survey and know where you stand legally THEN decide what to do.

Also your statement "only cure the the damage to your property" how does that work with cinder block walls, a 1/2 brick??? or 50% replacement cost.

it means you don't get a whole new wall, only replacement of those blocks that are damaged to return the wall to the condition it was before the damage.

It just seems so wrong to me that one persons unkept trees can inflict damage to joint property and that the owner that was powerless to prevent it, by not being allowed to prune roots that are not on his own property, must shell out money to repair the damage.

Once the survey is complete and you know for sure where the wall sits, you can act. If it's wholely on his side, then errect your own damn fence and be done with him. If it's solely on your side then tear it down.

If it sits on the property line then you can tear down your 1/2 and still errect your own fence as long as you can do so without damage to his 1/2.