Q. My neighbor has a “monster tree,” which has a trunk at least a yard wide. It is about two feet from our property boundary. The roots of his tree are ruining my fence, which is on my side of the boundary. Also the roots have raised my concrete driveway by at least six inches, causing a dangerous situation. When I tried to have a friendly discussion with my neighbor about his tree’s damage to my fence and driveway, he said, “That’s too bad, but I’m not going to do anything about it.” What can I do to force him to help pay my costs of repairing my fence and driveway?
A. I am not aware there is any law that says your neighbor must pay for the damage his tree does to your property. The reason is the neighbor has no control over how the tree or its roots grow. The general rule, as you have probably read in this column many times, is you can trim the tree branches or roots back to the property line if you don’t kill the tree. A “rule of reasonableness” applies. If your cutting of the roots kills the tree or causes other damage, you could be liable to the neighbor for the value of the dead tree or the damage.
However, if the tree is leaning toward your house or causing a potentially dangerous situation, you should inform the neighbor in writing. Then if the tree or its branches fall on your property and cause damage, you may then have a cause of action for negligence because you warned the neighbor of the dangerous condition. For more details, please consult a local real estate attorney.
Q. Several months ago, my mother died at age 88. She adored my teenage children, ages 14 and 16, who visited her every week in her nearby home. They helped with chores and my daughter often cooked dinner for her. Little did I know my mother had added my two teenagers to the title to her home as joint tenants with right of survivorship. Her lawyer prepared the deed. He now admits he should have talked her out of it. But now my two children own the house as surviving joint tenants. However, there is no income to pay the taxes and upkeep. The lawyer says minors can hold real estate title, but they can’t sell it. What should we do?
A. Unless there is a compelling reason to sell the house and have a court-appointed guardian represent your teenagers, why not rent the house to tenants?
Holding title to the house for a few years can provide your teenagers with excellent real estate education about being landlords. When they see the monthly rent checks, presumably deposited in their college education fund, they will probably become very interested in efficient property management to maximize rental income.
After the youngest child becomes 18, then they can decide if they want to sell the house or continue holding it for rental income and appreciation in market value.
Q I am 76. My first wife died a few years ago. Then I met a young lady, fell madly in love, and we married two years ago. However, she is only 58. However, we could use more income. When you recently wrote about reverse mortgage lifetime income, you said the youngest spouse must be at least 62 to qualify. If my wife is not on the title to my home, which is my separate property, can I qualify?
A If your wife is not on the title to your home, you can qualify for a reverse mortgage based on your age and the home’s market value.
However, the reverse mortgage lender will ask your young wife to sign a quit claim deed so there is no question she has no ownership claim on your principal residence.
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PLEASE NOTE: Real estate laws vary from place to place. Be sure to check the laws of your state and municipality.
Write to Robert Bruss at 251 Park Road, Burlingame, CA 94010 or e-mail questions to robertjbruss@aol.com.
