Legal Question in Civil Litigation in California

Tree vs. Fence

My neighbor's tree has destroyed my fence (trunk growth broke through boards and pushing fence toward the ground). Who is liable for fence repair? Can I demand the tree be removed? If I have the tree removed and fence rebuilt, can I seek reimbursement? What are my legal rights concerning this matter? My many requests for cooperation have been ignored and she is now selling the proprety.


Asked on 3/24/07, 5:48 pm

1 Answer from Attorneys
Kurt Boyd LAW OFFICES OF KURT BOYD

Re: Tree vs. Fence

The owner of the tree has the obligation to maintain/repair. If there is damage to your side of the property, you have the right to fix the damage, and seek recourse against the actual owener. Given the proposition of lack of response, fix the problem and seek recourse in small claims court.

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Answered on 3/25/07, 5:44 pm


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