Tree roots and fence issue

Managing Your Property
4yFollow

Tree roots and fence issue

Samantha Serenes
Member since 2019 · 19 posts · 2 votes

Hi, I need advice, please. Should I hire a lawyer or should I start fixing all this mess? Sorry for the lengthy story. 

The house I bought a year ago has a shared fence with a neighbor. At the end, there are 2 gates on both sides for my property and my neighbor's. I rent it to a tenant. It's in California.

1. A month ago HOA notified me that the gates didn't close properly and needed to be fixed soon by me. He thinks it's caused by my trees pushing the fence from the middle line. The neighbor has no trees. He notifies both me and the neighbor.

2. The neighbor said I need to remove all the trees (10 melaleuca trees) and replace the fence asap. The trees are too tall. Branches and leaves touch their windows on a windy day. And the trees are leaning against the fence. The fence is unstable. The fence is 20 years old by the way. 

I responded that I'll remove all the 10 trees and replace the fence at my own expense. The gate should fix itself once we have a new fence. 

3. The neighbor then added that the ground on their side is uneven. When removing the trees, they want me to lift up the brick paver on their side (they are small bricks and look easy to remove and put back) and check underground if there are roots and whether they cause foundation issues on their side. The fence is about 6 feet away from their house. 

I reported this to insurance and insurance said there is only 1 tree that touches the fence. The rest are about 4-6 inches from the fence. The roots are touching some part of the fence. Per insurance, the fence is still straight. 20 years aged fence contributes to wear and tear. They make it sounds like all these complaints are over-reacting. I'm still waiting for my insurance if they will cover at all or none. 

My preference is to remove all 10 trees and replace a new fence and be done with it even if the insurance doesn't cover this cost. But my neighbor seems to be a difficult person and now starts talking about liability for their tenant if they slip and fall due to uneven ground that they think is caused by my tree roots. I honestly don't know what causes the uneven ground. It could be the earth moving or the tree roots. 

My concern is replacing the fence and removing the trees may not be it. It could be opening a can of worms for more requests/ complaints. 

Do I need an attorney? Or should I proceed and do those 2 things? 

Thank you in advance for your time and for your help. 

0Reply
77 views

Most Popular Reply

Matthew Paul
Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
4y

The roots on your neighbors property belong to them , not your problem . You are under no obligation to remove any trees just because your neighbor wants you to .   The branches that overhang his property , he can cut them to the extent they dont kill the tree ( at his expense )  Do some research online there is lots of info

8Reply
See this reply in the discussion

32 Replies

Jump to latestLatest
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    The roots on your neighbors property belong to them , not your problem . You are under no obligation to remove any trees just because your neighbor wants you to .   The branches that overhang his property , he can cut them to the extent they dont kill the tree ( at his expense )  Do some research online there is lots of info

    8Reply
  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    4y

    Agree totally with @Matthew Paul.  This is not an insurance issue at all.

    2Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @Matthew Paul @Wayne Brooks Thank you for responding. I'll do more research.

    0Reply
  • Bo Bond
    Insurance Agent · Plano, TX · Member since 2021 · 127 posts · 94 votes
    4y

    @Samantha Serenes - From an insurance point of view, I'm 99.9% sure this won't be covered by insurance because there's no resulting property damage, it's normal wear and tear as you stated above, and it doesn't sound like the damage is due to a covered cause of loss (fire, lightning, water damage, wind, hail, etc.).  The trees aren't falling into the fence, and the fence is still standing (although it's old).  If there's no resulting property damage here, especially not enough to exceed your current property deductible, you shouldn't have filed a claim or reported this to your insurance carrier/agent.  It shouldn't hurt you or your premiums, but I can't say for sure.  That just depends on your carrier.  Hopefully it doesn't.

    As for liability, the burden to prove that you're negligent in a situation after a third-party property damage or bodily injury claim is up to the suing party (your neighbor or their tenant).  They have to prove you have somehow been negligent.  It appears your more than willing to do whatever needs to be done to get this fixed and remove any visible hazards or issues.  That alone creates a great case to remove your negligence in this situation.  That's a great position to take and highly recommended.  

    If you really think the best thing to do is remove the trees and replace the fence, go for it.  This should be more than acceptable to your neighbor.  However, if the fence is 20 years old and it's a shared/common fence with your neighbor, then they should pay half to replace it.  Reality is, this fence has likely reached the end of its useful life anyway (especially if it's wood), and needs to be replaced by both parties.  Just because ONE tree has now grown into the fence doesn't mean it's all your responsibility to replace the entire fence & gates.  It sounds like the fence in mainly unstable because it's 20 years old.  If you don't want the hassle with your neighbor, replace it out of your own pocket and move on.  By simply taking quick action, you remove a lot of potential negligence.  Good luck!  

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    If the roots from your trees damage their foundation - AND they can prove it, then you might have an issue down the road. But no need for a lawyer or anything right now, just take care of the problem as YOU see fit and see what happens. Don't let anyone push you around.

    1Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y

    No need for an attorney as it will cost a lot of money. You do not have to remove the trees. You do not have to fix the fence. You can remove the fence if you would like, especially if your CCR or Master Deed do not call for a fence to be a part of your property. Any tree limbs that are going over your property line can be removed by the property owner that is affected by them. When they do remove them they need to do it professionally and carefully as to not to damage the trees and cause them to fall due to improper trimming. I would get rid of any tenant that keeps telling me what I need to do. Overall, I suggest not to be a landlord in Cali. A terrible place where landlords have no rights.

    1Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @Bo Bond Thank you for taking the time to respond. It's been a month and insurance is still waiting for the Koning report. Not sure if it means they seriously look into it or if it is just a delay. I wonder why it takes this long if they know they will not cover any. I understand it could be just a slowness. 
    I initially asked a neighbor to pay half for the fence and he was very upset and brought up all additional items (uneven ground, cracked plantation seating on the side of the fence, and more). 

    I had a free 30-minutes consultation with an attorney and he said to replace the fence and sue them for half of the cost. I don't know if I want to go that far and deal with that hasstle but the neighbor is very difficult and irritating. 

    0Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @Bruce Woodruff Thank you for your input. I thought of a lawyer because my neighbor is very difficult. Having a letter from an attorney might calm him down. I was planning to just get the letter from an attorney which I guess might be an hour charge at the most.

    0Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @Kar Sun Thank you for your input. I agree with CA is not a good place for landlord's rights. 
    I was thinking to have a lawyer to at least help me draw the scope of the work that my neighbor can agree on and also calm him down since he seems to keep bringing up more things. 

    0Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y
    Quote from @Samantha Serenes:

    @Kar Sun Thank you for your input. I agree with CA is not a good place for landlord's rights. 
    I was thinking to have a lawyer to at least help me draw the scope of the work that my neighbor can agree on and also calm him down since he seems to keep bringing up more things. 


     Ok. Be very careful with the lawyers. Most charge per hour and they can really put you in a bad place financially. I strongly suggest ignoring your neighbor and going about your business. Let them hire an attorney and then you can state your case. I really strongly recommend you NOT to hire an attorney. 

    2Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    Thank you @Kar Sun. I know what you mean. It could be ongoing. I work for a law firm as a staff but my firm doesn't have this practice. So I was thinking to get a referral. I'll definitely rethink about it and will do more research. Appreciate your comments. 

    0Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y
    Quote from @Samantha Serenes:

    @Bruce Woodruff Thank you for your input. I thought of a lawyer because my neighbor is very difficult. Having a letter from an attorney might calm him down.

    But it might stir them up too........


    0Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    4y

    https://www.findlaw.com/reales...

    0Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    Thank You, @Matthew Paul. Much appreciate the info you sent. I came across something similar as well as something else that said if you are negligent, your neighbor could file a dispute. 

    I think I should at least show that I'm not negligent plus the trees look like needed to be cut. Cutting all the trees is $700 (they are very tall) and removing them all is $3000. If I cut each year for 3 years I already pay for removing them. That's why I'm leaning toward removing them and don't have to deal with them again. But still haven't decided. 

    Appreciate the info showing that I don't need to worry too much about roots in their backyard. That was very helpful and a big relief. Thank you!

    0Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Your neighbour is getting greedy. Tell him no. The HOA only asked you to fix the gate and that is all you should have fixed and left it at that.

    I agree with the others, this is not an insurance issue.  They should pay for half of the fence as it is 20 years old. If they don't want to-fix the gates and that is it.

    0Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    They are indeed very greedy, Theresa. 

    1Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    4y
    Quote from @Samantha Serenes:

    Thank You, @Matthew Paul. Much appreciate the info you sent. I came across something similar as well as something else that said if you are negligent, your neighbor could file a dispute. 

    I think I should at least show that I'm not negligent plus the trees look like needed to be cut. Cutting all the trees is $700 (they are very tall) and removing them all is $3000. If I cut each year for 3 years I already pay for removing them. That's why I'm leaning toward removing them and don't have to deal with them again. But still haven't decided. 

    Appreciate the info showing that I don't need to worry too much about roots in their backyard. That was very helpful and a big relief. Thank you!


     Since it sounds like you don't mind spending a little bit of money here, this is what I would do if I was going to spend the money (and for the record, I would probably just fix the gate):

    1. Cut down the trees if they're not providing any benefit to your property (nice shade, screened view, whatever).

    2. Take down the existing fence on the property line if the neighbor doesn't care if it's gone; if he cares, leave it there.

    3. Erect a new fence 1 inch onto your property, with a single gate for your side and no gate for the neighbor. If the old fence goes away, he looks at your new fence. If it stays there, his gate is useless and he can figure out what to do with the old one since he doesn't want to split the cost. 

    4. Ignore the "roots" issue. 

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    2Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @JD Martin Thank you for the comments. I like your approach. My greedy neighbor deserves #3 that you listed. 

    1Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    4y

    @Samantha Serenes

    Your responsibility stops at your property line. I would not agree with letting the neighbor dictate what happens on my property. Also, if you have a shared fence, then the responsibility is shared. Sorry, but I would not take responsibility for nature. I had a tree fall on neighbors fence damaging it. I paid to remove the tree (with neighbors authorization to enter their property) and the neighbor paid to repair fence.

    Or, if I fixed the fence alone, I would get authorization and move it onto my property. Not sure how that works, but if the neighbor wants me to take full responsibility, then I want it on my property.

    1Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    @Curtis Mears Thank you for sharing. I'm surprised the neighbor didn't ask you to help pay to repair the fence. I just got more info from the insurance today and if you don't mind, I'd appreciate your input. My update is below. Thank you.

    0Reply
  • Samantha Serenes
    OP
    Member since 2019 · 19 posts · 2 votes
    4y

    Hi all, I just spoke to my insurance today. She receives the final report and this is what she wrote to me.

    "We agree to cover 25% of the repairs to the whole fence as there are a few places where our insureds trees have pushed through the fence..." 

    She will mail a copy of this letter to my neighbor as well.

    I'm thinking to ask the neighbor to pay half of the remaining cost (75% of the total cost since insurance will pay 25%). If they don't agree, then I'll just remove that 1 tree that is leaning on the fence and stabilize the fence but doesn't change it, and fix the gate. I'll leave the other 9 trees alone.

    I appreciate all your comments that have helped me see through this situation. If you don't mind giving me your feedback about this idea, please let me know. Thank you so much.

    0Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    4y

    Remove the tree that touches under the fence and fix the gate your side only. Melaleuca should not have been planted in a small yard. They can grow to twenty feet in ten years and they spread seeds. Have the tree guy bid to grind the one stump down and you put epsom salts on the stump which shrinks the roots. One tree is $700. Take down three and ask tree guy to add two more. The two extra just cut to the stump and not ground down. Ask for three at $1000 and ask if he can fix your side fence off an extra $200 for the labor. Remove the one tree close to the fence and two other that you choose. I would not advise the neighbor. I would not call an attorney. Call the HOA as many times as you feel, they might want some permission to have tree guy's truck on site if there is shared access. Order the door/gate in advance to match the slat types of existing (Home Depot online or Amazon for $100 and have the tree crew screw it in to the existing studs on your side. Total cost $1300. Don't talk with neighbor, don't call attorneys, get the HOA manager to send an email blessing your plan. Where in CA?

    0Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 728 posts · 596 votes
    4y
    Quote from @Samantha Serenes:

    Hi all, I just spoke to my insurance today. She receives the final report and this is what she wrote to me.

    "We agree to cover 25% of the repairs to the whole fence as there are a few places where our insureds trees have pushed through the fence..." 

    She will mail a copy of this letter to my neighbor as well.

    I'm thinking to ask the neighbor to pay half of the remaining cost (75% of the total cost since insurance will pay 25%). If they don't agree, then I'll just remove that 1 tree that is leaning on the fence and stabilize the fence but doesn't change it, and fix the gate. I'll leave the other 9 trees alone.

    I appreciate all your comments that have helped me see through this situation. If you don't mind giving me your feedback about this idea, please let me know. Thank you so much.

    I would not use insurance unless absolutely necessary. Using insurance almost guarantees higher rates. I used insurance many years ago to cover stolen bike and lost wedding ring. State farm paid, then promptly dropped my policy (this was my personal homeowners policy).
    i would trim back the tree touching the fence if it were an actual issue (causing stress on the fence), and leave remaining trees alone (unless you want them gone for personal reasons). The neighbor can trim any tree over the border so they can trim those if they wish  As for the fence, I would inform neighbor I am willing to split the cost to repair the fence as it is a shared fence.
    nothing you do will fix the root issue if it is the issue. You would need to rip up the entire yard to remove roots. I would not accept responsibility for tree roots. Have you seen the issue? Are the roots so bad that they are obviously causing the issue? It could be the neighbor trying to get a free fence.
    also, if the neighbor is really freaked out about the fence, suggest their home owners insurance may help them.
    1Reply
  • Kar Sun
    Member since 2021 · 388 posts · 277 votes
    4y

    @Samantha Serenes I know you are trying to be nice but you are doing everything the least beneficial way for you. You are asking for advice and then continue on with your way of doing it. Either you are not mentioning something here or you just disregard the advice. Like I said, do not involve attorneys (they are utterly useless in this case and expensive) and do not contact insurance companies. If your neighbor continues to annoy you let him take you to court and he will lose. 95% chance your neighbor will not do it. You got to start ignoring people. 

    1Reply
  • Austin F.
    Investor · MI · Member since 2015 · 227 posts · 478 votes
    4y
    I'd fix the gate, most likely by moving or adjusting the latch for like 20 bucks or something. Everything else is a gross over reaction.
    2Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free