Legal Question in Civil Litigation in California

Re: fallen trees

Send your neighbor a registered letter with return receipt letting him know that he/she must cut the branches from his tree and that the tree must be cut by (set a date), and if the branches are not cut by said date, you will pay someone else to do it, and he/she will be responsible for the costs.

CAUTION: Should you hire someone to cut the tree, be sure that they have workers' compensation and business liability insurance. It is worth the extra cost in order to protect your assets.

Good luck

Re: fallen trees

Dear Questioner:

1. check with your City--determine if there is an ordinace that allows the City to compel your neighbor to trim the trees for safety or other reasons. ALSO, some cities have "Oak Tree" ordinances and prevent the trimming or cutting of mature Oak trees as being "akin" to endangered species. You really need to inquire BEFORE you do any cutting or trimming.

GENERALLY, California laws allow you to trim only those branches that "overhang" onto your property.

NOTE: if you put the neignbor on notice with a certified or other writing and the tree limb falls "on its own" (no lightning, etc) and 3 years have passed, there is a probability that the neighbor's homeowners insurance may deny the claim as the Statute of Limitations (time to sue) of 3 years for property damage will have passed AFTER notice.

The good neighbor course sounds like the best.

Good luck

Sincerely,

Mark Geyer

Re: fallen trees

Why not just cut the branches that are hanging over your side of the property? If they are on your side, you can cut them. If you don't want to do this, you can serve him with a letter, via certified mail, return receipt, asking him to cut them down. That may help you, but I would not bet on it.