Legal Question in Real Estate Law in California

Tree Trimming Dispute
Our neighbor wants us to trim the branch of an oak tree that hangs over the fence to his yard. The tree is on our property. Our house/fence is brand new; only 2-1/2 years old; the tree obviously many, many years old. The neighbor was there before we moved in. Now he wants to sell his house and expects us to pay for having the limb removed. He has had years to do that before our house was built. I don't feel that we are responsible since obviously this problem existed before we moved in. Please help. Thank you.

Asked on 5/24/06, 7:35 pm

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Tree Trimming Dispute

When you bought your house, you bought its detriments as well as its good points. If the limb of a tree that stands on your property overhangs the property of your neighbor, that is a trespass. It became a trespass when it first poked across the property line as a tiny twig, and it is still a trespass, one for which you are now responsible.

Answered on 5/25/06, 2:27 am

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Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

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Re: Tree Trimming Dispute

I agree with Bryan. If the tree limb is crossing over onto his land that you are liable for trespass. I have a similar situation going on right now with one of my neighbors. Call a tree trimming company, and cut the offending branch before he files suit for trespass.

Answered on 5/25/06, 3:51 am

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