Legal Question in Civil Litigation in California

Re: neighbor chopped down trees on our property

Sounds like a potentially pretty good case for trespass (both of real property and of chattels) and for conversion. You can demand that he pay you (try to set a fair amount based on the diminution of value of your property, the value of the wood and any damage he caused), and you can then sue if he doesn't pay.

Of course, many cases are more complex than they sound at first. Does he have some justification for his actions? Were your trees in danger of falling on his house, for example? Is there a dispute over where the property line is located?

Re: neighbor chopped down trees on our property

I assume you are correct that the neighbor chopped down trees

on your property, and not overhanging branches. Your neighbor

trespassed, and can be sued for trespass and for the damage to the

tree. Wrongful injury to trees allows a penalty award of three

times actual damages in many cases. Civil Code Section 3356; Code of Civil

Procedure 733. Damages may be the cost of replacing, or the decrease in

value of the land, etc.

Trees whose trunk is wholly on your property are your own; if the tree trunk stands

part on your property and part on the neighbors, the tree belongs to both in common. Civil Code

Sections 833-834.

Some municipalities have additional rules preventing trees from being cut down.

You can file in small claims court, or regular court.