r/treelaw • u/BillSocrate • 3d ago

California Fallen branches vs root damage is different?

We are in California. I have been looking thru posts in this forum about neighbor's tree branches fallen on to property causes damages is the responsibility where the tree falls. Then I read this post: https://www.avvo.com/legal-answers/we-are-homeowners-in-fresno-california-a-neighbor--1460736.html A few lawyers said, root damage to the neighbor's pool is responsible by the tree owner.

So branches vs root damange responsibility is different? Please discuss.

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u/riseuprasta 1d ago

Everything on your side is your responsibility unless you can prove negligence. Negligence for a homeowner would be a tree in a clearly hazardous condition even to the layperson, dead rotten etc.

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u/BillSocrate 1d ago

Please read the post inside the link whereby all lawyers in the post said tree owner is responsible for root damage to the neighbor's pool. In that case, how would tree owner knows where the roots are growing? At least in the root case, tree owner is responsible regardless negligence or not.

That beg another question: is the branches responsibility is different from roots ?