Legal Question in Civil Litigation in California
My neighbor has a tree that is very large and encroaching on my property. The branches are tall and vast and entangled in the in electrical lines that deliver electrical power to my house. Many years this house was vacant but then an investor bought the house to flip it. When they were rehabbing the house I asked them to cut the tree because of the danger it posed. Plus there were many overgrown trees on their lot. The said they would cut all the trees. unfortunately they cut all the other trees except this one tree that is encroaching on my property and entangled in the electrical wires. I asked several times again and they still did not cut. Then when high winds came the tree branches snapped my electrical wiring. The power company came out and gave me temporary power. I had a licensed electrician come give me an estimate to repair the damage and they say that it's not so easy as just to reconnect the wire. They must relocate how to give me power and I need a new electric meter and new wiring to reach the pole. The estimate is $5,000 plus I would need to get someone to cut the tree so the power company can get the the pole. My question is can I seek legal action against my neighbor to make them pay for all of this. Right now the investment company that owns the house is ignoring my phone calls and emails. The investment company is trying to sell the house so I think they are going to just try and ignore me, and sell the house and then I'm left footing the bill for all of this.
1 Answer from Attorneys
The power company is supposed to prune trees that are entangled in power lines. It is a crime for property owners or their contractors to attempt to prune these trees. (Pen. Code, sect. 385.)