Legal Question in Construction Law in California
My parents have owned their home for 57 years in an older neighborhood where people bought forever homes to raise their families. Like my parents many of the people are older and starting to pass on. New people are buying the homes and remodeling and this is the case with the house right next to my parents, . My parents have a large tree on their property very very close to the property line but still on their side. The neighbors have already trimmed the tree branches on their side making my parents side top heavy. Now they are putting in a new driveway and have cut all the roots. If the trees should fall on my parents house, do we have any recourse?
Thank you.
2 Answers from Attorneys
Yes. It is legal for them to trim any branches and roots that cross the property line but ONLY if it does not harm or undermine the stability of the tree.
The neighbor may trim overhanging branches and invasive roots so long as it is done without negligence. If the tree falls in a storm, the foreseeability of the incident will be the major factor in determining whether the trimming was negligent or not. I would recommend having a certified arborist give your parents a written opinion, with photographs. These people understand tree responses to pruning and trimming, also local weather conditions, and can say whether the work already done looks reasonable for that species of tree and that location, or appears careless and hazardous.
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