邻居的Drive way,我是不是要负责修理?

a
abc@home
楼主 (文学城)

我家里的一棵树树根把邻居的Drive way拱起来了,我是不是要负责修理

單身老貓
回應

(A) 你人在那裡?

(B) 樹是誰種的? 

(C) 樹是死樹嗎? 

(D)樹的位置?

(E) 什麼時候發現有問題的?

柠檬椰子汁
No.
a
abc@home
Here is situation

(A) 你人在那裡?

I am not in that house, it is my rent property.

(B) 樹是誰種的? 

The tree is growing by itself for 4 years. No one 種 it.

(C) 樹是死樹嗎? 

Tree is live.

(D)樹的位置?

Tree is inside my property line.

(E) 什麼時候發現有問題的?

This month  邻居 said that his driveway is damaged by the tree and I need response to repair it. 

   
a
abc@home
Thanks.

But I am not sure. Since  邻居 said he checked with his lawyer that I need response for repair his driveway.

柠檬椰子汁
Which state are you in?
a
abc@home
California, BayArea
柠檬椰子汁
Liability for trees

https://legalbeagle.com/7454514-tree-maintenance-law-california.html

1. "Owners of property have the duty to maintain their land to prevent it from becoming a nuisance for neighboring property owners. "

Your tree is probably a nuisance if it damages other's driveway

2. "What does a landowner risk if they take an aggressive approach to trimming back encroaching tree branches or roots? Quite a lot in California.  

For wrongful injury to a tree, the owner can receive three times the amount of the actual damages. "

Basically, they can't trim the root or cut down branches on their side of the property. 

3. Solution is you offer to cut down the tree.  They'll have to fix the driveway themselves.  

 

h
hello2002
what if the tree is dead?
a
abc@home
Thank you very much.
柠檬椰子汁
dead tree should be cut down.

Live tree caused damage, has nothing to do with dead tree. 

h
hello2002
so the question is who is responsible to cut down dead tree

the tree that grew over the border. if the neighbor cut the part of the branch of the dead tree that was into his property, will he have issue with the tree owner?

柠檬椰子汁
dead trees should always be removed.

At least in Caflifornia, the standard for trim for trees by non-owner is "reasonable".   a few branches is probably okay, whole half of the tree is not reasonable.