are we liable for damage to our neighbor’s backyard do to our tree roots geting in to there property.
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are we liable for damage to our neighbor’s backyard do to our tree roots geting in to there property.
Hi, the root from a tree in my property when to my neighbor’s property, He made a
hold on his back yard to fallow the root and cut it, we were not aware of the
situation until he knock on our door and explain what he done to our tree roots.
Are we liable for anything on his property?Thank you.
Asked on December 11, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are only liable if you are aware (or logically, under the circumstances, must have been aware) that your tree was damaging another's property. If you were unaware--as you most likely were--you are not liable. Liablity depends on you acting unreasonably in not taking steps to remediate or alleviate a risk or threat or problem--clearly, if you did not know of the problem, you would not be expected to do anything about it, and would not be liable for failing to do so.
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