Legal Question in Civil Litigation in California

Re: Property line infringment

Hello!

I make the following assumption: that the drip line (the canopy) of the tree extends over a designated line or over a physical fence.

You cannot force the tree owner to cut it back, BUT you can trim those branches/leaves that are over your property.

EXCEPTION: Depending upon species of tree, you cannot trim it at all without a permit--this is a City to City issue. Further, you may have to hire a praticing arborist to assess the "trimming" so as to determine that you are not causing "damage" to the tree.

ASSUMING that you do not have a species specific issue, why don't you just speak with your neighbor. Maybe you can joitly hire a professional trimmer to serve both of your needs?

Further response would require a great deal of specific information that is just not available to me in this format.

Good luck

Sioncerely,

Mark Mitchell Geyer

Re: Property line infringment

Speak to your neighbor about cutting his tree. If that doesn't work, send him a letter with estimates to trim the tree off your property. If your neighbors do not respond within a reasonable amount of time, then have the trees cut by a professional trimmer. However, just make sure that you do not need a permit.

CAUTION: MAKE SURE THE TREE TIMMER'S HAVE BOTH REGULAR INSURANCE AND WORKERS' COMPENSATION INSURANCE!! IN ADDITION, BE SURE THAT THEY ARE CERTIFIED TO CUT TREES OVER 15' TALL IF THE TREE ITSELF IS, OR EXCEEDS 15'.

Tree trimming is a very dangerous occupation and you want to make sure you're protected. Please note that you may have to pay more for a fully insured and certified trimmer, but it's worth it in the end if you do not wish to pay out hundreds of thousand, if not millions of dollars to anyone because of an accident that occurred within the scope and course of the trimmer�s operation.

Good luck.