Tree Root Encroachment

[crw1]

What is the name of your state? California
I am a resident of Sacramento County, and I am being taken to small claims court for damage to my neighbors driveway. My neighbor claims that the roots from my trees have raised the concrete of his driveway. He is looking for payment of $7500.00 from me.

I attemped to grind the the roots of my trees to stop this issue, however, access to the tree roots is on the neighbors property, at twhich point the neighbor stopped me and demanded that I remove all 7 trees completely. These 7 trees block the view of this property, which is unkempt to say the least.

I am curious if there is any case law referring to this particular claim, and what my rights and responsibilities as the tree owner are. Especially since I have made the effort previously to grind the roots in question, and the neighbor would not allow this, and demands that I remove all trees.

Any assistance you may be able to give me in this situation would be greatly appreciated.

 

[divgradcurl]

What is the name of your state? California
I am a resident of Sacramento County, and I am being taken to small claims court for damage to my neighbors driveway. My neighbor claims that the roots from my trees have raised the concrete of his driveway. He is looking for payment of $7500.00 from me.

I attemped to grind the the roots of my trees to stop this issue, however, access to the tree roots is on the neighbors property, at twhich point the neighbor stopped me and demanded that I remove all 7 trees completely. These 7 trees block the view of this property, which is unkempt to say the least.

I am curious if there is any case law referring to this particular claim, and what my rights and responsibilities as the tree owner are. Especially since I have made the effort previously to grind the roots in question, and the neighbor would not allow this, and demands that I remove all trees.

Any assistance you may be able to give me in this situation would be greatly appreciated.

Were you told of the damage the tree roots were causing prior to the lawsuit being filed? If so, and you failed to mitigate the damages, you are likely liable for some or all of the repair costs. The fact that your neighbor thwarted some of your mitigation efforts might work in your favor, and while the neighbor can sue for the statutory maximum, he is likely only going to recover his actual costs to repair the damage (unless they meet or exceed the statutory maximum, then taht is what he will get).

It will help your case if you can get some sort of contractor or arborist to testify on your behalf (by sworn declaration, perhaps) that mitigation was impossible without going on to your neighbor's yard, and your neighbor refused entry. That might shift some of the responsibility to the neighbor.

It might also be worthwhile to sit down with a local attorney, who can review all of the facts of your situation and advise you accordingly. You cannot have representation with you in small claims court, but you can talk to a lawyer to help you prepare your case.