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Tree Root Damage and not self helping

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dandmc

Member
Hello
I purchased a home in Los Angeles thats adjacent to a deadbeat type landlord who rents out the home.
He does zero maintance
I noted some damage to the driveway and block wall along our common property line but did not investigate the cause of the damage and purchased home
I later found out that the damage is due to his trees and roots tresspassing and cracking cement and pushing over walls.

The relationship between us has gone south.

The damage is continuing to happen as the trees continue to grow and in some cases I cannot self help.

Does the fact that the previous owner of my property did not practice self help and prune roots release the owner next door from any responsibility????

Can I sue for existing and contined age to my property up to the date of the self help.
 


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seniorjudge

Senior Member
dandmc said:
Hello
I purchased a home in Los Angeles thats adjacent to a deadbeat type landlord who rents out the home.
He does zero maintance
I noted some damage to the driveway and block wall along our common property line but did not investigate the cause of the damage and purchased home
I later found out that the damage is due to his trees and roots tresspassing and cracking cement and pushing over walls.

The relationship between us has gone south.

The damage is continuing to happen as the trees continue to grow and in some cases I cannot self help.

Does the fact that the previous owner of my property did not practice self help and prune roots release the owner next door from any responsibility????

Can I sue for existing and contined age to my property up to the date of the self help.
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You can sue for anything you want; whether you get it is another question.

Why don't you just fix the thing and forget about it?
 
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dandmc

Member
thanks I will be more clear
I have fixed some problems and need to fix more so it gets expensive.

Is he liable for any of the damage since self help was not performed in come of the damage cases along that boundry.
 
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seniorjudge

Senior Member
dandmc said:
thanks I will be more clear
I have fixed some problems and need to fix more so it gets expensive.

Is he liable for any of the damage since self help was not performed in come of the damage cases along that boundry.
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Your clarification leaves me baffled.

Fix everything.

If you think he owes you something, sue him in small claims court.
 
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dandmc

Member
Why would it leave you confused?
I am looking for advice on the law and if I have a case.

"Fix it all" is not legal advice on the law.


{If you think he owes you something, sue him in small claims court}

I feel he does but what would be my legal position in court.

thanks
 
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seniorjudge

Senior Member
dandmc said:
Why would it leave you confused?
I am looking for advice on the law and if I have a case.

"Fix it all" is not legal advice on the law.


{If you think he owes you something, sue him in small claims court}

I feel he does but what would be my legal position in court.

thanks
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Actually, it is legal advice. You fix the problem and sue in small claims. Tell the judge you had to do it due to the encroaching damage; you did it to preserve the property.

And, by the way you tell the judge, this guy refused to help but I think you need you to make him pay me $X...and here are the invoices showing I had the work done.
 
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dandmc

Member
Thanks
And the fact that the previous owners of my property did not try to stop the damage from happening should not be a problem in court

I guess what Im trying to understand is, if the owner is not aware that damage is happening due to his trees until I buy the property and try to maintain it better than the previous owners is he liable for those trees and their damage
 
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seniorjudge

Senior Member
Q: And the fact that the previous owners of my property did not try to stop the damage from happening should not be a problem in court

A: That is irrelevant.


Q: I guess what Im trying to understand is, if the owner is not aware that damage is happening due to his trees until I buy the property and try to maintain it better than the previous owners is he liable for those trees and their damage

A: If you are talking about the prior owner, in order to get anything from him, you would have to prove that there was damage on the day of sale AND that the seller knew about it and intentionally hid it from you. But if such damage was not obvious to you on inspection, I am not sure how you would go about proving that the seller knew about it.
 
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dandmc

Member
What I meant to ask:
Is the owners whos trees are doing damage to my driveway liable even if no one brought it to his attention until I purchased the property.
 
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seniorjudge

Senior Member
dandmc said:
What I meant to ask:
Is the owners whos trees are doing damage to my driveway liable even if no one brought it to his attention until I purchased the property.
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Yes, that person could be liable.


I don't know enough facts to say definitely.
 
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dandmc

Member
I wonder why you guys do that. You are so condescending to those of us who come here to seek advice. We understand you know more than us about law. Thats why we're here, to learn. Not sure if law is your profession or not but Im assuming it is.
Im sure I know more about my job than you.

Thanks for the help regarding my legal questions.
 
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