Legal Question in Landlord & Tenant Law in California

Can my neighbor sue me because I cut part of his tree?

My neighbor has a tree that is in the border of my property and his but is sitting mostly at his property. I cut some branches because it was blocking my view. I did not ask for permission and now he is very angry. Can he sue me because of it?


Asked on 11/05/06, 7:24 pm

1 Answer from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Can my neighbor sue me because I cut part of his tree?

Technically, yes. The real question is whether the roots were on his property. If the tree trunk and primary roots were on his property, then you can only cut the branches if they are causing unreasonable damage to your property.

Absent a view easement (which are fairly rare in this area of the country), you likely had no right to cut the branches.

If you need further help, call or email. We are real estate litigators with extensive experience in neighbor disputes.

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Answered on 11/05/06, 8:03 pm


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