QUESTION
Our neighbor's huge podocarpus tree roots are damaging our property. The neighbor won't cut down the tree.
Asked on Dec 29th, 2020 on Alternative Dispute Resolution - California
More details to this question:
The podocarpus tree is the wrong tree for the current location. It's approximately 46 inches from the corner of our house. There is not enough space to put tree root barriers. The HOA agrees with us and has acquired an attorney to support their decision to get the tree removed. The HOA has made three written demands to get the tree removed. The neighbor's daughter is an attorney so she is defending her mother's desire to keep the tree. Our HOA advised us to get a lawyer to stop the stalemate.
1 ANSWER
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The HOA is right. If you can't reach an agreement with the neighbor, a lawsuit would have to be filed. Is there any nuisance? Is your plumbing compromised? Is a barrier, i.e. a fence, being destroyed? Acting on your own, even on your side of the property could expose you to liability. Be careful.
Answered on Jan 04th, 2021 at 6:27 AM