neighbors tree roots are destroying foundation

What is the name of your state?CA
is my neighbor responsible for the cost of repairing my foundation damage due to his tree roots?

Of course not. What's stopping you from cutting the damn roots?

Take a look here for some direction ... or some hope.

http://www.lectlaw.com/files/lat06.htm

Under the heading "Side Bar -- Watch out for private easements"

Florid-aise said:

Under the heading "Side Bar -- Watch out for private easements"

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I used to think you were just silly. Now I know you're and idiot to boot. What the HELL does an easement have to do with tree roots?

Of course you'll explain to this poster how an encroaching tree root can sign an easement agreement, or the legal foundation for a 'tree root easement'.

Geeez, what ARE you smoking?

You remember your friends telling you about the right to an attorney if you cannot afford one when charged with a crime? Some fella named Miranda or something? In Arizona maybe? Based on Gideon v. Wainwright?

And that definition was expanded to mean not just an attorney, but an EFFECTIVE attorney?

And not just an effective attorney at the trial level, but also an effective attorney on direct appeal?

Do you remember your friends telling you that?

Well, that is because there is always a starting point...a place to begin...the base line originator to which the latter is further defined and expanded.

Well, of course there is no correlation or relation between an 'easement agreement' and a tree root in this poster's case, but it is a starting point, huh?

Poster, please forgive the one with the attitude, obviously not finished with that first cup of coffee.

And I will ask again until you answer the question so that this poster is somehow served by your response:

What does an easement have to do with encroaching tree roots? On what legal theory can this poster sue the tree root for encroachment, sign a tree root encroachment agreement or otherwise have legal standing (under any theory of law) to do anything regarding easements?

I'm sure, being an attorney, you can expand on your legal understanding of easements to shed some light on this poster's exact situation and your reference to the above.

In Arizona maybe? Based on Gideon v. Wainwright?

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And by the way you idiot, Gideon v Wainwright was sent to the U.S. Supreme Court from FLORIDA! NOT ARIZONA!

Some distant New York case law. Homeowner has tree. Tree has roots. Roots damage city sidewalk. Sidewalk needs repair. City repairs damage. City sues homeowner for costs to repair. City wins suit in New York appeal.

There is no agreement with the tree, its roots or the lawyer who ate the sidewalk chalk.

But THERE IS a correlation....legal theory I mean...for beginning to see how damage to one's home is the result of the ownership of another person's tree.

If I am an idiot, then so is the New York Supreme Court.

BelizeBreeze said:

And by the way you idiot, Gideon v Wainwright was sent to the U.S. Supreme Court from FLORIDA! NOT ARIZONA!

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Correct! Opinion rendered in 1963. I won't bore you with who wrote the opinion of the majority, nor how they came to that landmark decision by administering and attaching that newly applied right by way of the Fourteenth Amendment.

Please be carefull will you, because if you notice the punctuation in my post you will certainly stumble upon the "Period" which stops that sentence, relating to the previous sentence...Miranda.

And as you have disclosed your knowledge of Gideon for all the world to see, you can now tell us all just how much you remember your friends telling you about Mr. Miranda, while his being, living and being charged with his crime in what state?

dmikefer;
Your neighbor has no responsibility for your property unless he/she agrees to take responsibility. You may be pissed, but legally, you can cut the roots, fix the foundation or otherwise correct the situation. Your neighbor has no legal responsibility.

You cannot, however, cross the property line to correct the situation, hence my VERY FIRST response to you to cut the roots.

If you want to play games with this idiot Florida, if you want to listen to his ramblings and assertions, be my guest. But be warned, if you do continue in dialogue with him you will likely NOT receive another response from me or any other responsible, knowledgable person on this forum.

And before you decide, go here and read this 'person's' depth of knowledge and legal reasoning.

https://forum.freeadvice.com/showthread.php?t=205953

I am done with him. And with any luck, so is this forum.

BelizeBreeze said:

dmikefer;
Your neighbor has no responsibility for your property unless he/she agrees to take responsibility. You may be pissed, but legally, you can cut the roots, fix the foundation or otherwise correct the situation. Your neighbor has no legal responsibility.

You cannot, however, cross the property line to correct the situation, hence my VERY FIRST response to you to cut the roots.

If you want to play games with this idiot Florida, if you want to listen to his ramblings and assertions, be my guest. But be warned, if you do continue in dialogue with him you will likely NOT receive another response from me or any other responsible, knowledgable person on this forum.

And before you decide, go here and read this 'person's' depth of knowledge and legal reasoning.

https://forum.freeadvice.com/showthread.php?t=205953

I am done with him. And with any luck, so is this forum.

Click to expand...

dmikefer:

In our system of justice, an ADVERSARIAL SYSTEM of justice, sometimes the truth gets "squeezed-out" somewhere in the middle. It might be a flawed system, but it is still the best game in town.

I cannot deny that for you to cross property lines to cut the roots would be to trespass on your neighbor's land, but I honestly think that you probably already knew that. I cannot deny that there are laws and the applications of laws that differ from one state to the other. I cannot deny that I am not the source of exhaustive California authority on the subject of your concern.

Others here certainly are.

I also cannot deny that I can provide tangible touchable paper, items, case law authority for every single thing that I say.

What you are witnessing is Belize's First Amendment rights to free speech and his ability to speak his opinions freely, without of course, being able to substantiate one single thing his says but to reinforce his opinions already made.

You can ignore me, and please by all means do, I absolutely recommend it, but do know this. You are on the right track by looking for answers and you did the correct thing by seeking to cure your uncertainty by coming here looking for them. There IS abundant information in other sources that will lead you to your answer. Go get em! And to you, very good luck.

P.S.

Quoting BelizeBreeze himself, at;

https://forum.freeadvice.com/showthread.php?t=206823

"Oh, and any damage the fallen tree may have caused is the neighbor's responsibility." (Italics added for emphasis).

Must be sort of like the Federal Flood Insurance program, compared to your homeowner's insurance.

Homeowner's insurance only covers "water coming down from above"; not "water rising from below".

If you are confused then join me, because you see, I too trusted the wise and wonderful legal theory that BelizeBreeze refers to.