. However, if branches or roots cross a property line, a neighbor cannot hack them back if doing so will cause harm to the tree. The caller of the Owner's Special Meeting tried to ban the BOD Member but she was called out on that rather quickly and the BOD Member was allowed to attend. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, "the undoubted right of the land owner himself to cut off intruding roots or branches at the property line," precludes a negligence claim. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. . The HOA chose improper trees 30 years ago and planted them too close to hardscape and buildings. Owners may call for removal if the tree is blocking their view, is overly messy, or is otherwise difficult to maintain. Your Roof is Damaged and You Live in an HOA. Hopefully you will all be able to figure this out. Is it in an area that has sufficient drainage? If the encroachment . 5. No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. 0000009575 00000 n One neighbor paid a tree trimmer to cut back a tree that was encroaching over his property. For example, if someone lives in a condo and a neighbor plants a tree on his first floor balcony that grows to block the view of the person on the third floor, guess what is going to happen? Charles, bottom line if a common area tree damages your sidewalk, you are going to pay for the repair or replacement of the sidewalk. It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. It now leans toward protecting trees. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. <> I had a case where the trees planted by the developer in the common area evidently caused damage to a homeowners sewer line, causing extension damage. In California, Civil Code 833 that "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another." Property owners must be mindful of tree maintenance. I was just demonstrating that many cities hold the adjacent HO responsible for sidewalks even if that sidewalk is not on the deeded property of the HO. Photograph or videotape the encroachment both before and after you take action. Also keep in mind that different cities in California have local laws protecting certain types of trees, and those laws might trump a homeowners right to the self-help described here. These are often between neighbors and focused on how trees grow along property lines. Such an argument could perhaps be made by the landowner, or by the manager, but they cannot both be powerless to prevent or control the trespass. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. In California, trees belong exclusively to the owner of land where the trunk of the tree is located, even if the tree's roots or branches extend into another person's property. Messages posted by HOATalk or other membersare for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Giant oak trees can provide great shade and color but the leaves can go everywhere creating a clean-up mess. %%EOF from U.C. 3rxwB"7:u~;?FYp*q$n;s"%sh`1?)?%mP6T See letter below. And, no matter what kind of common interest development you live in, if its in California, its governed by the Davis-Stirling Act. Readers of HOATalk.com should not act on this information without seeking professional counsel. Regardless, such encroachment can be a source of serious tension between neighbors. Roots from a tree planted on the common area has damaged my driveway. Privacy issues come up when trees serve as noise or privacy barriers. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. Only if the neighbor refuses to act should you proceed to do act as described above, and then only within the limits of the law. He's owned the building for 10 years and the tree he's referring to is 40 years old. There can be all types of conversation regarding this but I don't think that has anything to do with it. Property owner Booska had a 40-year-old pine tree whose roots extended into Patel's yard. In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, the undoubted right of the land owner himself to cut off intruding roots or branches at the property line, precludes a negligence claim. There are two specific statutes in the Civil Code (801 and 801.5) that deal with the easements and solar easements for solar installations. Code, 3346). A final dollar figure for actual loss might include: The cost of replacing the tree. 192.169.226.96 No problem (everyone misspells it!) What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? However, your association does have a duty to maintain common areas, and it could be argued that if this duty is not met, you could make a claim. If a trees trunk happens to rest on two different properties, then those property owners own the tree as tenants in common (Civ. Or did the owner trim the tree on his side only and thus render the tree unstable? Did you contact the HOA first before doing the work? Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. Many of us have enjoyed an orange or lemon gifted to us by the branches of a neighbors fruit tree hanging over our property. In an HOA, individual unit owners are typically responsible for their own property, even if the tree causing the damage is owned by the association. In the 1984 case of Kallis v. Sones (208 C.A. 0000008227 00000 n But if the downed tree caused no. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. Many cities have view ordinances that require you to cut or prune your trees if they obstruct someone elses view. High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. 161, 162, Bonde v. Bishop (1952) 112 Cal.App.2d 1, 5-6, Booska v. Patel (1994) 24 Cal.App.4th 1786, 1788, Crance v. Hems (1936) 17 Cal.App.2d 450, 453, Fick v. Nilson (1950) 98 Cal.App.2d 683, 685, But see: Lussier v. San Lorenzo Valley Water Dist. The basic principles are (1) that a tree is the property of whomever owns the land under its trunk, and (2) that person commits a trespass to the land of any other property owner whose above-ground space is encroached by its branches or below-surface soil is encroached by its roots. For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. In addition, the Solar Shade Control Act and Public Resources Code 25980 et seq. Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. The court is very likely to treat an expert report with respect and take action. The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. California does have a "spite fence" statute that allows a person to sue when a neighbor deliberately and maliciously erects a fence 10 feet or taller to intentionally annoy the next-door landowner. In a 2003 decision coming from a federal trial court in California, the court held that blanket rules requiring adult supervision for children under 18 years old using recreational facilities in a community were discriminatory. 0000002926 00000 n They must have a diameter of 10 inches or more as measured at 48 inches above the natural grade. Here's how tree roots can have an impact on different types of home concrete. Is the Trees Owner liable for any Damage? Tom Fier is an attorney at law and the past chair of the ECHO Legal Resource Panel. 0000005355 00000 n . Tree-related neighbor disputes take many forms, including, most commonly, disputes related to: property damage associated with encroachment of a neighbor's roots or branches onto your property; damage caused by falling trees or branches; or damages for destruction or harm to another's trees. Pruning lower branches and leaving growth only at the top can also increase the risk of a structurally unsound tree that could topple in wind or rain. 5 and authorities cited.). I am only interested in the legal aspect. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else's land punishable by a fine of up to $1,000 and up to six months in jail. Each referred client will receive a free 30-minute consultation with the attorney. In abating the nuisance, without court action, the injured landowner may not cut the tree down or cut its branches or roots beyond the extent to which they encroach upon his/her land. Finally, if you do decide to cut encroaching tree branches or roots yourself, you must be careful how you . 0000014868 00000 n Property insurance, including homeowners insurance policies, defines insurance coverage a being for property damages claims. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. What about when one landowner's trees block the sunlight that would otherwise fall on a neighbor's garden or backyard? If you dont feel comfortable engaging in self-help by removing the encroaching branches and roots yourself, you dont have to do that. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. 1361 0 obj It doesnt matter whether or not the overhanging branches have caused damage to your property. The claims is that the HOA owns the tree( because the HOA maintains the yards/trees) and has to pay to fix the damage to the driveway. 19 Years Covering Association News & Articles. What about branches and debris that falls into the adjacent property? 0000035882 00000 n While cutting down certain trees on one's own real estate may be permitted, an individual may not, generally, remove trees on land that doesn't belong to them without consequences. Not only would such action constitute a trespass, which has criminal implications, but such conduct would leave the homeowner open to significant liability (Code Civ. Family Handyman. 5669 Snell Avenue, #249 They can get under the foundation and raise up the . 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