What is the name of your state? CA
Hello,
I live in Escondido, CA (50 miles north of San Diego, CA) in a planned community with a Home Owners
Association in which I moved in 3 years ago. The home is 10 years old and I am not the original owner.
THE PROBLEM:
2 years later, my neighbor informed me that his concrete slab is lifting
and he believes that it is caused by my two Queen palm trees.
- There is a wooden fence between both properties
- There are two palms in the front yard and two palms in the back yard that are identical
as far as location to concrete.
- The two palms in the front are flush against my slab and about
15-20 inches about from his driveway. These two palms are not causing
any problems.
- The two palms in the back are 5 inches away from my slab and about 15-20 inches
away from the neighbors slab. These are the two palms that he "suspects" are causing
his slab to raise. NOTE: These two palms are not causing my slab to raise.
- The soil level and patio are about level.
- The cement slab of my neighbor is ported butted to the fence posts, and would normally
site a 4-8 inches above my soil level.
- Neither of us are the original owners of these homes and the cement and palms where already in place.
- No one knows which was established first, slab or palms, but we suspect that the palms where planted
some time ago due to their size.
Since my neighbor is also a good friend, we had a few concrete and landscape contractors come out and inspect
the site. They all say:
- If the slab was poured after the palm was established, then it is possible that the foundation
was not correctly prepared. NOTE: My slab is OK an the palms in the front are causing no problems.
- If you bust up the slab, you will find palm tree roots, but you would need a professional to determine the cause
of the slab rising.
Since we are friends and good neighbors, we entered a verbal agreement to:
- jackhammer the slab ourselves
- have a contractor come in and offer some expertise so that they can see under the slab.
- If my contractor says that my tree caused his slab to raise, then I would agree to cover the cost
of pouring the new slab. NOTE: This agreement was based on us both doing the labor of busting up
and disposal of the old material.
- If the contractor days the my tree was not the cause, then I would still help with the manual labor (my friend)
but he would cover the cost of repair.
THE PROBLEM:
Now my buddy is selling his home and he disclosed that the slab is lifting and the buyer signed off of on it.
Now the buyer wants me to sign an agreement that I will help pay for the cost of repairs, since I made this same offer
to my friend (seller).
QUESTIONS:
1- I do not plan on signing anything if it comes to that point.
2- Does a HOA has any rights to force me to pay for the cost?
I think not since any legal advice from them to the new buyer would be a confict of interest.
3- Based on the above information, would the buyers have any legal standing?
4- Am I liable for their repairs?
EXTRA NOTES:
1- I have meet the buyers and they seam like a nice family, however, am trying to do the legal
research to ensure my ducks are in a row.
2- Of course, I am willing to negotiate with the buyer to keep our cost to a minimum
and be a good neighbor.
Thanks,
jeepnsam
Hello,
I live in Escondido, CA (50 miles north of San Diego, CA) in a planned community with a Home Owners
Association in which I moved in 3 years ago. The home is 10 years old and I am not the original owner.
THE PROBLEM:
2 years later, my neighbor informed me that his concrete slab is lifting
and he believes that it is caused by my two Queen palm trees.
- There is a wooden fence between both properties
- There are two palms in the front yard and two palms in the back yard that are identical
as far as location to concrete.
- The two palms in the front are flush against my slab and about
15-20 inches about from his driveway. These two palms are not causing
any problems.
- The two palms in the back are 5 inches away from my slab and about 15-20 inches
away from the neighbors slab. These are the two palms that he "suspects" are causing
his slab to raise. NOTE: These two palms are not causing my slab to raise.
- The soil level and patio are about level.
- The cement slab of my neighbor is ported butted to the fence posts, and would normally
site a 4-8 inches above my soil level.
- Neither of us are the original owners of these homes and the cement and palms where already in place.
- No one knows which was established first, slab or palms, but we suspect that the palms where planted
some time ago due to their size.
Since my neighbor is also a good friend, we had a few concrete and landscape contractors come out and inspect
the site. They all say:
- If the slab was poured after the palm was established, then it is possible that the foundation
was not correctly prepared. NOTE: My slab is OK an the palms in the front are causing no problems.
- If you bust up the slab, you will find palm tree roots, but you would need a professional to determine the cause
of the slab rising.
Since we are friends and good neighbors, we entered a verbal agreement to:
- jackhammer the slab ourselves
- have a contractor come in and offer some expertise so that they can see under the slab.
- If my contractor says that my tree caused his slab to raise, then I would agree to cover the cost
of pouring the new slab. NOTE: This agreement was based on us both doing the labor of busting up
and disposal of the old material.
- If the contractor days the my tree was not the cause, then I would still help with the manual labor (my friend)
but he would cover the cost of repair.
THE PROBLEM:
Now my buddy is selling his home and he disclosed that the slab is lifting and the buyer signed off of on it.
Now the buyer wants me to sign an agreement that I will help pay for the cost of repairs, since I made this same offer
to my friend (seller).
QUESTIONS:
1- I do not plan on signing anything if it comes to that point.
2- Does a HOA has any rights to force me to pay for the cost?
I think not since any legal advice from them to the new buyer would be a confict of interest.
3- Based on the above information, would the buyers have any legal standing?
4- Am I liable for their repairs?
EXTRA NOTES:
1- I have meet the buyers and they seam like a nice family, however, am trying to do the legal
research to ensure my ducks are in a row.
2- Of course, I am willing to negotiate with the buyer to keep our cost to a minimum
and be a good neighbor.
Thanks,
jeepnsam