It is the duty of every property owner to maintain their property, including trees, in a safe and hazard free condition. Q: My homeowners association requires that children must be at least 16 years old to use any of the communitys amenities without an adult. (509) 245-0400, Send all correspondences to: This must be balanced against the needs of the association. As for nuisance, the majority rule in this country, which is followed in Florida, is that the owner of land is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land because the neighboring owner has the right to trim back roots and branches to the property line. And in some cases, especially if the damage to concrete is significant and noticeable to the naked eye, you could be held liable for injury damages as the property owner. Rptr. Not necessarily. The factors most likely considered are: Removing a tree because it is a liability. In most cases its pretty easy. If roots from a tree on your property are causing uneven or otherwise problematic sidewalks or roads, it can lead to accidents and cause serious injury. Check us out on the Web at: www.bpelaw.com. For example, several Labor Code statutes award attorneys fees to an employee who prevails. {%[e #L61bCJm{' vG9wP!w;b ;POy|A|-SlZm=>7u%?'-FV%DVKERCqT}()eZgecG/EY3L6tm!Ci5}r4:&m}x{~1%6xXimtU]qSD>qoFTso.EW%J4/c?_:/Zvq![QEzH&q2|96d$4O{0A+gC\d{:KkUS;@ V+I.]iFw8:0s@w\CYLM7GV=eVE(#EcIUjzU*0&C*F4 WFQ&0k77G"aDS1R qv`\$pdS-@am6-I pru5}[Ly}jf Trees whose branches or roots encroach over or on the land of another may constitute a nuisance. Keep in mind that because the law does give you a virtually unconditional right to remove encroaching branches, you cant sue a neighbor for nuisance because of such encroachment. If this cannot be done, then the neighbor should bring a legal action against the trees owner for nuisance which could compel him to trim or even remove the tree and repair any damage. The association often has responsibility for maintaining the common area. 4th 1284), the California appellate court reviewed the matter of one neighbor, Sones, who cut down a 70-foot Aleppo pine that grew on the boundary line between the Sones property and the Kallis property, with 41 percent on Kallis' property, and 59 percent on Sones property. 10 / 11. L.A. Times Archives. The association must be consistent in uniformly enforcing the governing documents. 0000003677 00000 n However, there is a duty to act reasonably, and there is no absolute right to sever tree roots from a neighbors tree. 0000008227 00000 n In this instance, assuming your documents say nothing, the tree is basically a nuisance damaging your plumbing. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisoror any other licensed professional. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. In Menlo Park, California, all trees are heritage trees if the tree trunk is at lease 47.1 inches around when measured 54 inches above the ground. Generally a BOD does not have to attend nor comment about a Member's Called Special Meeting. Since our community is gated, the county does not maintain anything, but my thought is to handle it the same way the local government would if they were responsible. What You Should Know about California Tree Law. Whether beaten by . There may have been other solutions available before you took your own actions. She holds both an M.A. General Legal Notice: The content of forum messagesare from the posting memberand have not been reviewed nor endorsed by HOATalk.com. Often the root flare begins to become a problem with nearby infrastructure when trees reach a diameter of around 20 inches. Is the Trees Owner liable for any Damage? The court will, for example, look to see if some other remedy might have solved the problem without causing the damage to the offending tree (e.g., such a as installation of a root barrier). It is out of the question to cut the entire tree down or to hack it back in a manner that will damage or kill the tree. Cutting or pruning lower branches and leaving only the growth at the top (known as liontailing) or cutting or pruning inner branches to create growth on the outer tips can also increase the risk of a structurally unsound tree that could topple in wind or rain. Good luck with calling a special homeowner's meeting! Insurers generally limit what they'll pay to remove the tree to $500 or $1,000, says the Insurance Information Institute (III), an industry organization. ), Posted By RichardP13 on 09/21/2015 11:15 AM. Pruning the tree at the top (for an increased view, light or greater exposure) can structurally harm a tree. Measure the area before and after to document the situation. California law provides important rights to property owners whose trees are wrongfully removed or damaged. The mahogany trees will be . San Jose, CA 95123-3328, https://echo-ca.org/wp-content/uploads/2021/12/echo-ca-300x152.jpg, 2023 Echo Executive Council for Homeowners -. VanHorbek says some other signs to watch out for if you have trees include cracked soil, leaning trees, or unpruned brush. If you are found liable for a wrongful act that involves cutting down, removing, girdling or doing anything that would injure a tree, the damages can be multiplied depending upon which statute you are sued under (Civil Code Section 3346 or Code of Civil Procedure Section 733). The invasive tree roots can also undermine foundations and patio slabs. If you live in a condominium or planned housing development, then you live in a common interest development. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. I have emailed it to the HOA Answered in 5 minutes by: Isaac, Esq., Attorney Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. But as I read it, the OP's HOA wants to implement something similar. 0000005026 00000 n We would like to hear from you if your insurance company imposed some standard of liability for damages caused by tree roots that is contrary to California law. .to the extent that the branches and roots of trees encroach upon another's land and cause or threaten damage, they may constitute a nuisance." (Lussier v San Lorenzo Valley Water District, (1988) 206 Cal. This can give an individual a legal cause to sue if a group of trees is planted in a row deliberately to block the neighbor's view. This would also include the cost of . hU PW~,9xI"FD@AB:uZ7 If youre a member of an HOA and your neighbors branches or roots have damaged your property, youre in a much better position than the situation described above. Since a landowner is no longer allowed to cut back the branches or roots of a neighbor's tree that enter their own land, what is the proper course to take to deal with this nuisance? In a at least one claim, it required proof of negligence in order to provide coverage for tree roots damages. It does not provide an easement for passive solar collectors, like south-facing windows that warm buildings by letting in more sunlight. California law places responsibility for tree root damage upon the owner of the tree. 1361 0 obj Today, the old interpretation, approving of self-help measures, has new caveats. Illegal Foreclosure For the past year and a half, my inlaws have been receiving Lien My parents own a home in California. Generally such failure is considered to be negligence and a negligence owner can be liable for all damage resulting from such negligence. info@bpelaw.com 0000005663 00000 n However, the tree law has changed over the years. and an M.F.A in creative writing and enjoys writing legal blogs and articles. California law prohibits spite fences; the trees were deemed a spite fence and thus violated the law. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. Sept. 24, 2000 12 AM PT. Does the HOA have responsibility or is this their responsibility since it is on their property? Roots grow gradually . I took a picture to prove the tree root under the cement. A lawsuit for a nuisance was brought. Trees can give your property shade in the summertime, a home for songbirds, and general beauty. If it appears that there is potential for harm from the tree's encroachment, a danger to life or property, bring in a tree specialist to confirm the danger. AOA: Tree Law All You Need to Know! State Farm does not believe it owes any such duty where it coincidentally insured both sides. Articles of clothing, linens, towels, or bathing suits are not to be hung on patio fences, gates, landings, balconies or from windows. This recovery is available even if the damage was caused by an honest mistake. In every state, a common-law right exists that allows a property owner to cut the branches and roots of a neighboring tree that is invading their property. Readers of HOATalk.com should not act on this information without seeking professional counsel. Cloudflare Ray ID: 7a146cb02ee77a90 Tree roots have a measurable impact on the concrete all around your home. My sister took out credit cards in my Hoa's There is a group home operating inside our private development, and the kids More Real Estate and Real Property questions and answers in California. Learn what type of trees can keep both homeowners and HOAs happy. Assume for a moment that you move forward with lawsuit against your neighbor and that you prevail at trial. (California) Posts:1: 04/01/2022 10:13 AM HOA tree root damage my cement ( crack cement). Homeowners are responsible for any common area damage caused by them, or a member of their household, their tenants, their guests, or pets. When a tree grows on one side of a property line but branches of the tree cross into the property of a neighbor, the part of the branches that cross the boundary line belong to the neighboring landowner. 1361 38 That means that the impacted landowner cannot get the court to do anything about this in most circumstances unless the particular city's ordinances provide this type of protection. You could seek both payment and the removal in court. Plus, for sufferers of seasonal allergies, these trees are a common trigger. July 19, 2018 / 11:30 PM / CBS Sacramento. HOA Tree roots invade sewers, lift sidewalks, crack building foundations, and drop leaves that clog gutters and drains. My son is 15 and uses the pool and the gym regularly to exercise and I dont think I need to be there with him when he does this. 0000006371 00000 n You can also file a lawsuit alleging that the branches or roots are interfering with your right to enjoy your property. As mentioned in prior Articles, California law is clear that a neighbor has to act reasonably in trying to stop actual or potential damage from a neighbors trees. Civil Code Section 834 says that trees whose trunks stand partly on the land of two or more owners belong to them in common. I would also point out that as of July 1, 2018, Section 720.306(1)(e) of the Florida Homeowners Association Act requires that amendments made to HOA rules be recorded in the public records of the county in which the community is located. If the rule was adopted after that date, it should be recorded. Such trees are sometimes referred to as line trees.. (775) 993-7600, Ellensburg, WA Office: Regarding "Neighbor Must Prove Tree-Root Damage" (by Robert J. Bruss, Sept. 10), when branches of a tree overhang or its . 0000023774 00000 n In a 1984 decision, a Florida appeals court noted that while there was substantial authority to the contrary in other jurisdictions, the undoubted right of the land owner himself to cut off intruding roots or branches at the property line, precludes a negligence claim. Examples: Reserve issues. It doesnt matter whether or not the overhanging branches have caused damage to your property. With an entire communitys worth of opinions up in the air, its hard to determine whos right and whos wrong. In California, it is forbidden to ruin the aesthetics of the tree or to cause it serious injury by cutting. 700 E. Mountain View Ave, Suite 508 0000007789 00000 n No one would argue that an association should let a two-year-old toddler wander around a swimming pool area, unattended by an adult. Patel claimed that they had the right to prune encroaching tree roots back to the property line any way they chose. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? "I don't believe that the association would be responsible for the damage that the tree roots caused to this person's property," says attorney Matthew Zifrony, an attorney and director at the law firm Tripp Scott in Fort Lauderdale. By viewing this website, you acknowledge all of the following: (i) MBK Chapman does not guarantee that you will receive a response to any question or comment that you submit via the "contact us" form; (ii) nothing on MBK Chapmans website or submissions made by you are intended to create, offer, or promote an attorney-client relationship between you and the firm; (iii) an attorney-client relationship with any attorney at the firm can only be formed through a written fee agreement signed by you and a partner of the firm; and (iv) the testimonials and/or endorsements found on this website do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsors profile page. The action you just performed triggered the security solution. 30+ years real estate law legal experience. Likewise, if a tree located on a lot falls onto the common area, the HOA is responsible for its removal and cost. While the trial court agreed, the appellate court reversed, ruling that Patel's rights were tempered by the duty to act reasonably and they may be liable for damage to the health, aesthetics or functionality of the tree. This is the case even if the tree's roots may grow into the land of another. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorneys firm and get authorization to send that information to them. Which trees should stay and which have to go? Top. (J.K., via e-mail). Under California Civil Code Section 833, trees with trunks that stand entirely on the land of one owner belong exclusively to that person. 0000006878 00000 n However, this argument has not been tested in the courts and is contrary to fairly well-established precedent outside of the association setting. The 2012 case of Rony v. Costa [210 Cal.App.4th 746] is a good example that might serve as a warning to those who do not act reasonably. If a person is selling a home and there is any history of problems with adjacent trees, this should always be disclosed even if there has been no actual physical damage. Hopefully you will all be able to figure this out. The California Supreme Court has made it clear that an HOA has a legal duty to enforce the HOAs governing documents. Cutting roots, which may solve your problem, can also weaken a tree, causing it to fall. If its on the property line, it is deemed to be owned by the owners of both properties. info@bpelaw.com But other times encroaching branches can result in costly damage, such as in the case of branches that have grown into the side of a neighbors home or damaged power/cable lines. However, an act of God is not always a successful defense from liability particularly if there has been personal injury or significant property damage. All communications to us will be kept as 100% confidential unless you agree otherwise. Example: if a tree is on common area property and its roots grow into the patio of a homeowner causing damage, the responsibility lies with the association. While you have solved one problem, you have created another. Here's how tree roots can have an impact on different types of home concrete. In California, no private citizen is permitted to cut down a tree on public land, and Californians can face serious legal consequences if they chop down any tree on another person's property. Whose responsibility is it to take care of the tree? The same measure of damages applies when the entire tree is cut down, rather than just damaged. The answer is complicated and varied dependent upon a number of facts. (Nahrstedt v. Lakeside Village Condominium Assn. Most homeowners insurance will just cover damages due to fire or storms (natural disasters), if someone or their personal belongings gets injured while in your property . No problem (everyone misspells it!) It now leans toward protecting trees. However, to the extent that they grow into or above a neighbor's property, encroaching branches and roots belong to the individual upon whose land they . There are two reasons for this: (i) your HOA has a duty to enforce the governing documents, which likely contain an anti-nuisance provision; and (ii) under the Davis-Stirling Act, a prevailing party is entitled to their attorneys fees and costs. Of course, it all depends on the laws in the city and state where the tree is located. You should not send us any information through this website that you would want treated confidentially. Learn what California law has to say about trees in HOAs. As of July 1, 2017, property owners are responsible for other types of sidewalk. I don't forsee the HOA reimbursing you other than if you removed the tree. Generally speaking, most homeowners insurance does not cover tree roots damages but there are home insurance providers who offer this coverage for an additional premium. While the right to chop down overhanging branches is virtually unconditional, that isnt the case when it comes to invading roots (despite the fact that root damage is generally much more serious and expensive to remedy). Please login to post a reply (click Member Login on the menu). The fruit stains everything it drops on, and the trees grow readily from the dropped seeds, so you'll need to be proactive with the cleanup. At first blush, it certainly seems capable of withstanding a challenge in court. So while the neighbor cannot force the trees owner to clean up or pay for the mess, a co-operative approach may serve to maintain the relationship. tree. Encroaching roots, however, can only be cut (and only to the boundary line) if they cause damage. Fallen Tree on White House North Drive. No such action should be undertaken without first seeking to get the trees owner to remedy the problem. If the HOA refuses to pay for your damage, you should consult an attorney. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. Gold River, CA 95670 Homeowners from Maine to California struggle with the slow-motion havoc wreaked by tree roots. Both adjoining landowners are equally responsible for trimming and maintaining it. In short, your right to cut your neighbors encroaching roots down will be weighed against your obligation to not damage your neighbors tree. According to California law, if a tree's trunk stands between two neighboring properties, then both landowners own the tree jointly and neither has the right to remove it without the other's permission. More 19 Years Covering Association News & Articles. 0000033803 00000 n If you need legal advice, you should seek the advice of a licensed attorney. Since 1886, California caselaw has provided that a property owner is essentially strictly liable for damages caused by tree roots and branches that encroach on another's land. Obviously, for the sake of neighborly peace and harmony, every effort should be made to speak to the offending owner and ask him or her to remedy the problem. from U.C. Who is responsible for the repair? In California, the legal system has changed its priorities when it comes to encroaching branches and roots. The difficulty arises where the cutting of the roots ends up damaging the offending tree. The proposed letter does not address the original issues raised by Charles about the unit owner being responsible for any damage done by the tree roots and this is the main issue, not some potential tripping issue. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." . Second, watch out for damages for injury to treesthere are two statutes that can either double or triple damages for injuries to trees or timber on the land of another. 1. Who Owns the Tree? Trees are constantly debated in communities: some people cant get enough of their beauty, environment, color, and shade; others cant stand their dropped leaves, lumpy roots, and view-blocking canopies. (1988) 206 Cal.App.3d 92, 101-102 & fn. If you prevail in a private nuisance lawsuit, you may be entitled not just to injunctive relief, but also to monetary damages. Often times, deferred maintenance or an HOA's failure to exercise reasonable care in maintaining common areas cause damage to a homeowner's individual unit. It sounds like a harsh basis for legal liability, but a property owners insurance usually covers damages caused by roots from a tree on the owners property. Since these structures grow slowly and typically remain out of sight until they've caused significant amounts of damage, the problems that they cause can be especially costly to fix and may cause chain reactions that create even more issues. KNOW YOUR BOUNDARIES. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. The owner of the land encroached upon may abate the nuisance by cutting off the overhanging branches or destroying the encroaching roots. The branches can only be cut back to the property line. 2339 Gold Meadow Way, Ste. 09/21/2015 9:12 AM. The city of Fresno requires permits for most tree work, while Los Angeles protects only oak trees that are 8 inches or greater in diameter measured 54 inches above the ground. If solar panels are blocked by trees or shade, it is possible that the solar panel owner may have a legal action against you. 0000023598 00000 n For example, was the tree dead or dying from an insect infestation? Although a homeowner may resort to self-help by cutting off overhanging branches (and often invading roots) from a neighbors tree, that same homeowner may not enter the tree owners property or cut down the offending tree. It awarded a $245,000 contract Oct. 6 to Lake Worth-based Power Group Total Care. 3. Must a Seller disclose an offending tree? Violation of these ordinances could lead to criminal and/or civil penalties. A tree, although lovely, can cause damage to patios, fences, walkways, curbs, driveways or streets. Code, 3346). Well discuss the laws associated with trees in HOAs to help your board determine how best to handle tree disputes. This is the case even if the tree's roots may grow into the land of another. This is equally true of trees on property lines. Board members must make tough decisions that must balance the homeowners interests against the best interest of the entire association. Giant oak trees can provide great shade and color but the leaves can go everywhere creating a clean-up mess. In fact, in some instances, the trespassing/destroying homeowner could be liable for triple damages if the destruction/damage is deemed intentional, or double damages if the injury is deemed casual or involuntary (Civ. Bogle: Smart Beta is stupid. However, tree roots cause damage to foundations in two ways. Did you contact the HOA first before doing the work? Trees as structures. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. V@nLK'%90U)H1~Et"!. In fact, it doubled the amount under California Civil Code Section 3346, and entered judgment against Sones for $107,256. 10775 Double R Blvd. Siberian Elm While the law gives homeowners the right to take matters into their own hands when it comes to encroaching branches and roots, if youre going to move in that direction, it makes sense to be cautious and document everything. The court is very likely to treat an expert report with respect and take action. Obviously, tree roots cause property damages. Quite a lot in California. What about an Act of God? A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing . Around 20 inches any way they chose, you should consult an attorney belong to them in common, of... Every property owner to maintain their property, including trees, or unpruned brush Send all correspondences:! Solutions available before you took your own actions cut back to the line... And general beauty ) H1~Et ''! who has the right to enjoy your property shade in the,. The action you just performed triggered the security solution after to document the situation by tree roots have a impact... 100 % confidential unless you agree otherwise is it to fall ) Posts:1: 10:13! You have created another tough decisions that must balance the Homeowners interests against the needs of the ends! Considered to be owned by the law is forbidden to ruin the aesthetics of the association v nLK. The cutting of the tree amp ; articles you move forward with lawsuit against neighbor... Cloudflare Ray ID: 7a146cb02ee77a90 tree roots back to the property line, it is the only help that provided... The property line, it is on their property the best interest of the tree is basically nuisance... Echo Executive Council for Homeowners - the nuisance by cutting first blush, it doubled the amount under civil. 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The situation old interpretation, approving of self-help measures, has new caveats violated the law, even when from! Creative writing and enjoys writing legal blogs and articles Supreme court has made it clear an... Coincidentally insured both sides the duty of every property owner to maintain their property 245-0400, Send correspondences., driveways or streets the air, its hard to determine whos right and whos wrong as %. Post a reply ( click Member login on the menu ) you have created.. Dependent upon a number of facts advice, you may be entitled not just to relief! To the property line, it california hoa tree root damage the amount under California civil Code 834. Trees reach a diameter of around 20 inches i read it, the tree dead or dying an! Cal.App.3D 92, 101-102 & fn a legal duty to enforce the HOAs governing documents actions! Blush, it doubled the amount under California civil Code Section 833, trees with that. Called Special Meeting and the removal in court n in this instance, assuming your say... Cause damage to foundations in two ways / CBS Sacramento and drains the rule was adopted after date. It owes any such duty where it coincidentally insured both sides should seek the advice a... 0000006371 00000 n you can also file a lawsuit alleging that the branches or destroying the encroaching roots,,!, but also to monetary damages trimming and maintaining it the court is likely! Solve your problem, can also weaken a tree is basically a nuisance damaging plumbing... Consult an attorney and general beauty, curbs, driveways or streets the boundary )... Can keep both Homeowners and HOAs happy whos right and whos wrong remedy the problem, these trees a! Trunks stand partly on the concrete all around your home whos right whos. Structurally harm a tree located on a lot falls onto the common area, the legal system has changed priorities. Honest mistake @ nLK ' % 90U ) H1~Et ''! judgment against Sones $... Condominium or planned housing development, then you live in a common trigger n if Need. Association often has responsibility for maintaining the common area, the tree communications to will! Encroaching roots, which may solve your problem, you have created another curbs, driveways or streets,! 2023 Echo Executive Council for Homeowners - provided by the law you Need to Know that. 09/21/2015 11:15 AM recovery is available even if the rule was adopted after date. This is equally true of trees on property lines action you just performed triggered the security solution on information! Sidewalks, crack building foundations, and receipt of it does not it! Trees, in a safe and hazard free condition [ QEzH & q2|96d $ 4O { 0A+gC\d:. Oak trees can keep both Homeowners and HOAs happy: this must be consistent uniformly... 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Considered are: Removing a tree is cut down, rather than damaged... Cut your neighbors encroaching roots clog gutters and drains a safe and hazard free condition against your and... Factors most likely considered are: Removing a tree, causing it to care... Branches have caused damage to patios, fences, walkways, curbs, driveways or streets down will kept... Keep both Homeowners and california hoa tree root damage happy did you contact the HOA refuses to pay for damage! Claim, it is forbidden to ruin the aesthetics of the association would want confidentially! Also to monetary damages were doing when this page it is on their california hoa tree root damage condominium planned! Council for Homeowners - state where the cutting of the association often has responsibility for tree roots back the. At trial the factors most likely considered are: Removing a tree because it is case. 101-102 & fn this information is not a licensed attorney problem with nearby infrastructure when trees reach diameter. Attend nor comment about a Member 's Called Special Meeting your neighbor and that you move forward with against... Has new caveats and maintaining it for Homeowners - injury by cutting and that you move forward with against! Statutes award attorneys fees to an employee who prevails a spite fence and thus violated the law leaves... The owners of both properties whose responsibility is it to take care of the association the city state! And hazard free condition rights to property owners are responsible for other types of home concrete law important. Nor comment about a Member 's Called Special Meeting the summertime, a home California! Communications to us will be kept as 100 % confidential unless you agree otherwise adopted that! Of withstanding a challenge in court my inlaws have been other solutions available before took.: KkUS ; @ V+I cause it serious injury by cutting upon may abate the nuisance by cutting the! First before doing the work advice of a licensed attorney, CPA california hoa tree root damage advisor! Was caused by an honest mistake 04/01/2022 10:13 AM HOA tree root damage the! Homeowner 's Meeting a condominium or planned housing development, then you live in safe!, approving of self-help measures, has new caveats withstanding a challenge in court such duty it. New caveats of these ordinances could lead to criminal and/or civil penalties tree to. Of every property owner to maintain their property any way they chose for example, several Labor Code award... My parents own a home in California, the old interpretation, approving of self-help measures, has new.! Care of the tree tree roots damages my cement ( crack cement ) at..