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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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A neighbor has planted 2 Leyland Cypress on my side of his

Customer Question

A neighbor has planted 2 Leyland Cypress on my side of his fence. still on his property, but about a foot from my property line. The problem: my sewer lines run across my backyard and about 2-3 feet from the 2 trees he planted about a year ago. My sewer system has been there for 24 years. these tree's roots spread out approximately 40 feet with the minor roots and extending 67 feet or more on a fully grown Leyland Cypress tree. These roots have the potential to grow under or into a foundation if there is moisture under the house, and there is moisture under my house. Also these tree are a terrible eye sore when close to your house. I may have to sell my house in a couple of years and that will be a big problem. These trees grow very wide and very very tall. Can I make him remove the trees and he could plant something that would not be a danger to my sewer system and foundation.
Also these tree will cost me thousands of dollars when selling my house.
I looked at a house a few months ago,I liked the house but it had 3 of these huge trees in
the back yard and would not buy it for that reason
please help me
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
You certainly do have property rights, but the law allows a specific remedy on in the event that your property is harmed by the trees on your neighbor's property. Let me explain.
Under the law, so long as the trees are not presently causing any damage to your property, you lack a legal remedy in terms of forcing the neighbor to remove the trees based on what might happen in the future.
What you can do in the meantime is put into writing your concerns to the neighbor and point out that the trees will almost certainly create property damage in the future, and based on that, and the known propensity of the trees to cause problems, you expect that the neighbor will be responsible to pay for any future damages caused by the roots of their trees. This will put the neighbor on legal notice of the problem and make your case---or a future owner of your property---much easier to prevail on in court should it come to a lawsuit.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,

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