homeowners won't cover tree roots/future liability

[E. R. Johnson]

California - My neighbor's invasive tree roots have caused me to replace a 20 foot section of wooden fence, and are buckling my brick sideyard patio. My neighbor has said he won't remove the tree. When I called my homeowners insurance to make a claim on the fence repair I paid for, they said they won't cover tree root damage of any kind since it occurs over time rather than as a sudden incident. To stop further damage to my patio (and fix patio damage so far)homeowners said I should be with my rights to cut and remove the tree roots invading my property, but I've heard here in California that I'm not supposed to cut a neighbors tree roots or limbs even if they extend into my property. How can I cut the roots and fix my patio without exposing myself to some kind of liability, and does homeowners have more responsiblity to help with my fence and (anticipated)patio repair costs than they're acknowledging?

 

[ALawyer]

The omeowners company is correctly telling you the coverage as I know it.

 

[HomeGuru]

I concur. You have a right to cut any roots, etc. on your property.

 

[shortbena]

california what is the law?

 

[JETX]

california what is the law?

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