Legal Question in Real Estate Law in California

My neighbor trimmed branches from my tree that were on hi property then decided to toss the clippings onto my property. Who is responsible for disposal


Asked on 7/31/12, 2:35 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I doubt that this question has ever been decided by the courts, at least not in a published appellate case. Technically, the trimmed limbs "belong" to you, since they came from your tree, but I believe most judges would think that tossing the clippings back to your side after pruning them off was a bit in excess of his rights (to remove the trespass) and unnecessary to "protect" yours (to have "your property" returned to you). I hope you can resolve this amicably.

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Answered on 7/31/12, 2:55 pm


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