• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Neighbor's tree breaking boundary wall

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

melhkang

Junior Member
I live in california and there is a neighbor's tree leaning agaisnt the wall that seperates our boundary. As the tree grows and gets bigger, it pushes the wall causing the wall to break. I have informed the neighbor of the situation and they have said they will fix it but want us to pay for half of the cost for repairing the wall. It has also been about 3 weeks since they have promised to cut down the tree and repair the wall. The wall has become damaged even more and now parts of the wall are falling down onto our property. I have tried multiple times to try to contact them but they seem to never be home. I do not believe I should have to pay for half the cost of fixing the wall, since it is due to the neighbor's tree. What are my legal options. I am getting very frustrated because I have dogs and am afraid the bricks from the wall will fall and hurt our dogs. :confused:
 
Last edited:


H

HomeGuru

Senior Member
melhkang said:
I live in california and there is a neighbor's tree leaning agaisnt the wall that seperates our boundary. As the tree grows and gets bigger, it pushes the wall causing the wall to break. I have informed the neighbor of the situation and they have said they will fix it but want us to pay for half of the cost for repairing the wall. It has also been about 3 weeks since they have promised to cut down the tree and repair the wall. The wall has become damaged even more and now parts of the wall are falling down onto our property. I have tried multiple times to try to contact them but they seem to never be home. I do not believe I should have to pay for half the cost of fixing the wall, since it is due to the neighbor's tree. What are my legal options. I am getting very frustrated because I have dogs and am afraid the bricks from the wall will fall and hurt our dogs. :confused:
Click to expand...

**A: what did your insurance agent tell you?
 
M

melhkang

Junior Member
we were told it was the responsibility of the neighbor but have gotten may conflicting information as well
 
Last edited:
D

dandmc

Member
I have the absolute exact situation in los angeles.
What Im running into is that I cannot confirm (document) the shared ownership of the wall without a line survey.
Everyone has warned me that one of the first things a Judge will ask is "whos wall is it"
If it on your neighbors side he he owns it and can remeove it without asking your permission.
Hence he can also damage it.

My problem is that another wall cannot be constructed until the moron removes the tree thats causing the problem to begin with.

Do you have a document that specifys "shared ownership of the wall"????
 
M

melhkang

Junior Member
from what I have found out, the wall is a common wall because it was built on both of our properties. i was told i may have to pay for half of the wall to be fixed. why should i when it was due to their negligance of not caring for the tree and trimming as needed?
 
D

dandmc

Member
[from what I have found out, the wall is a common wall because it was built on both of our properties. i was told i may have to pay for half of the wall to be fixed. why should i when it was due to their negligance of not caring for the tree and trimming as needed?]

I believe YOU think it on both your properties but where is the paper that says it is. Do you have a line survey report?

I have the exact same problem and in many cases the survey will cost more than the wall. Its a unfortunate situation.

If you have proof it shared property then go for it in court. He can not cause damage to your half of the property
Im not a lawyer but have spent more hours investigating than its worth. Im angry and want justice but unfortunately justice means paying money to build a case
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top