Legal Question in Real Estate Law in California

Re: Boundry tree

I don't see how he has a claim if he bought after you removed the tree. The claim for the tree belongs to the prior owner and not the new one.

If he does sue you, you could use your personal injury claim defensively, as a set-off to his claim despite the running of the limitations period. That is, you can't recover money on your time-barred claim, but you can use it as a deduction from anything you may owe him.

Re: Boundry tree

OK, having read the other two answers so far, I'll go a step further and say (1) it's clear to me that this was a boundary tree and (2) since it was a boundary tree you were a co-owner and had the right to make decisions respecting the ncecessity for its removal. In my opinion the current neighbor lacks standing as Mr. Snitow said, and all owners have or had no case for the additional reason that your decision to remove the tree was within your right to make and carry out. If the tree were a hazard, you very well may have had, not only a right, but a duty to do as you did.

Re: Boundry tree

It is unclear whose property the tree is on and what exactly your neighbor is claiming. Please clarify the claim and location of the tree before it was removed.