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Neighbor's Big Tree Removal

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California...the owner of the house next door is selling it soon. He was renting it to a family when we moved here about 2 years ago. He has a big tree in the back yard that has resulted in our driveway breaking and lifting, as well as our carport, and we just noticed a crack in our garage. This tree is about 75 feet tall, so you can imagine the root size! During the two years that we have lived here, he has never trimmed the tree. When the tenants moved out (end of March), we asked him when he was going to trim the tree. He said he was going to sell the house. Since then, he has been painting and repairing his house and has not put it up for sale. My husband approached him last week and said that he may know someone that may cut that tree down for less than $700. He was rude and said he had 2 properties and no money to get rid of it. He said he was thinking of having the roots cut/trimmed. Is it true that we can take him to small claims court to get this taken care of? We are not asking him to fix our driveway or other damage caused by the tree, just for the tree removal. How can we take care of this? Help!


Senior Member
You can file a small claims court action but you need to show damages such as cost to repair cracks etc.

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