I have a rental with a tree that has roots growing under the fence and causing damage to the neighbor's concrete patio. Do I have any legal liability as a result of this?
It depends. Where is the property located?
The suburbs of Sacramento, CA. I suppose I should just fix it because it could be repaired now for a comparatively low price. I believe that a trip and fall hazard could expose me to liability. Also, the root could continue to grow and damage their foundation.
If CA uses the “Massachusetts Law” , you have no liability. If it uses “Virginia Law”, you have some responsibility. Personally, I would work with neighbor to prevent further damage regardless of what the law says.
in Calif, if it was a tree limb, I could trim it all the way back to the property line as long as I did not kill the tree. I assume the case is similar for the roots although it is more likely to kill the tree. Following that logic, if some tripped on the roots on the neighbor’s property, its his problem…his roots.
With that said, open communication is the best approach. Maybe split or share the cost to remove the tree?