Tree Root Cracking Neighbor's Concrete

[Sharon H.]

Hello BP Community,

I am in California. I have a big tree in my rental property and its root start causing some issues. The tree is near the end of my back yard, and the roots start expanding for a while: The tree has been in that spot for at least five years before I bought the house. One day last year, when I had my gardener cleaning my yard, the neighbor came and talked to my friend about the tree root problem. He said the roots are cracking the concrete on his backyard and he is afraid it will crack his swimming pool. He understood it is expensive to cut down the tree and he said he is willing to resolve the problem together. Since then, I had not heard anything from my neighbor, and because I am renting the property out, my tenant did not mention anything to me either.

My questions are should I take the initiative to have a deal with my neighbor to cut the tree? How can they determine the potential damage is coming from my tree? And would I expose myself to legal issues if I take initiatives to negotiate?

Thank you!

[Matthew Paul]

Any roots in my yard are my problem . So if you have a tree and its roots are encroaching into my yard I can dig up and cut those roots to protect my property . If the tree dies , not my problem .  Same with tree branches , anything over the property line on my side I can cut . 

Since you havent heard anything from the neighbor I would leave it alone