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  1. #1
    Join Date
    Mar 2018
    Posts
    1

    Post Are You Liable for Tree Root Damage to a Neighbor's Side Yard Concrete Walkway

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

    Our neighbor has informed us that our pine tree has cracked/buckled her concrete side walkway. I agree that it is the tree that is causing the issue. What I want to know is what are we liable for?? the ENTIRE cost of replacing or fixing her walkway? What is her responsibility? We have determined that we will need to cut the tree down, but must we pay for a new sidewalk on her property?

    This person has lived in her house since it was first built back in 1986. We bought our house in 2008. Those trees have been there for over 30 years...........and I would bet that the sidewalk was buckled long before we bought the house. Is she not responsible or accountable for anything? As good neighbors we want to do the right thing but we also do not want to incur any unnecessary costs.

    Thanks in advance for any information, direction etc.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Are You Liable for Tree Root Damage to a Neighbor's Side Yard Concrete Walkway

    Under California law, it is possible to bring a nuisance action against a neighbor for encroaching tree roots that damage your property. The first course of action is to ask the tree owner to address the problem. If that fails, the affected owner should see if damages can be mitigated by having a licensed professional cut the tree roots to stop the damage, but without harming the tree or rendering it unstable. If that is not possible, the affected neighbor can file a lawsuit seeking to compel removal of the trees.

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