Legal Question in Personal Injury in California

Who is responsible for tree branches crossing over neighbor's property lines - the owner who has the tree on his side, or the neighbor upon whose property the branches hang? The neighbor has the right to cut the branches if he/she so wishes, correct? On the other hand, can the neighbor legally insist that the owner of the tree not cut the branches because of the desired shade the branches provide?

Thank you.


Asked on 11/29/13, 2:00 pm

1 Answer from Attorneys
Ben Glen Law Offices of Ben Glen, PC

Generally, the person owning the land where the tree is not growing, but over which the branches hang can cut the overhang of the branches. Also, generally, there is no right to shade.

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Answered on 11/29/13, 9:08 pm


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