Legal Question in Civil Litigation in California

Liability For Property Line Tree Fall

Our large oak extends its branches only to one side and across property line. Due to this uneven branch network, the oak is unbalanced and if it toppled, it would fall mostly on neighbor's property. Neighbor has complained, has asked us to remove tree, but neighbor could, but has not chosen to, trim back the branches overhanging its property, which would cure the imbalance problem.

If the oak tumbles on neighbor's property causing damage, who is legally responsible, us or our neighbor or both?


Asked on 3/18/00, 2:46 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Liability For Property Line Tree Fall

You are responsible unless you trim the tree. The Neighbor can trim it but doesnt have to.

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Answered on 3/25/00, 5:30 pm


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