Legal Question in Construction Law in California

If the tree grows on my back yard, but the brunches are hanging over the neighbour's roof, who shall pay for the tree cutting service?


Asked on 10/15/11, 1:22 pm

2 Answers from Attorneys

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

Maybe you can find my previous answers discussing the tree-trimming issue between neighbors. However, in summary:

Your neighbor has a right to trim the branches of your tree back to the property line, but if he exercises this right, he must do so at his own expense.

Your neighbor also has a right to sue you for trespass, and if he wins, as he probably would, the judgment will require you to trim the trees at your expense.

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Answered on 10/16/11, 10:16 am

I agree mostly with Mr. Whipple. There is a key distinction, however, that he fails to address. The action for trespass would only succeed if you planted the tree. Naturally occurring trees and trees that existed before his house was built, cannot constitute trespass.

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Answered on 10/16/11, 2:34 pm


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