Am I Responsible for Root Damage to Neighbors Slab That Occurred Before I Bought

[Dave Brecht]

My question involves real estate located in the State of: CA

I bought a home 4 years ago that had many unkept trees. Within 2 months of moving in I had removed all of the trees and roots up to my property line. One of these trees had grown underneath the neighbor's side slab and lifted it about 6 inches.

Now, the neighbor finally repaired their slab and removed the old tree roots. Keep in mind, I removed this tree when I bought the property 4 years ago. My neighbor is asking me to pay half the bill, for damages that occurred before I owned the house. I refused to pay and she said she will take me to court.

Am I liable for the damages that occurred before I owned the house? I would think since I removed the trees that were a nuisance in a prompt matter that I can't be found negligent and liable.

I've read the CA civil codes but it doesn't really mention anything about my situation.

[Mr. Knowitall]

Are you stating that the damage occurred more than four years ago and that your neighbor has delayed repairs until now, with no new damage in the past for years, or are you stating that the damage has continued to occur or worsen due to the presence of the (presumably now rotting) tree roots under your neighbor's slab?

[Dave Brecht]

I'm stating your first comment. The damage was done many years ago, before I lived here. There has been no change in the amount of damage done from the time I moved in until now.

The neighbors delayed repair until now. The previous owner was broke and lost the house to the bank.

[Mr. Knowitall]

If it has been more than four years since any damage occurred, it would be my position that the statute of limitations has run on any damage claim.

[Dave Brecht]

Thanks! That is good to know and should keep her from filing for court

[jk]

Thanks! That is good to know and should keep her from filing for court

it may not keep her from filing. If she files, you must present this as an affirmative defense to her claim. Failing to do so will prevent you from claiming it later.

[eapls2708]

In CA, generally, one has both the right and the responsibility to maintain the branches and roots of trees which cross over onto their property. Since concrete sidewalk heaving from roots is a long and slow process, progressing over years rather days or weeks, the question of why she didn't take action at some point when it became apparent that the roots were beginning to damage the sidewalk is certain to come up. 6" of heave is likely the result of several decades of the roots acting on the sidewalk. I'd be very surprised if her claim didn't fail on several grounds.