Legal Question in Real Estate Law in California
Cut down my tree?
I live in a 5 year old community and the trees are finally starting to mature. My neighbor decided he like palms. In the front yard where our 2 properties meet he plants palms about a year ago, and I have my tree that was planted by the builder. Came home from work today and my neighbor has cut all the limbs off the side of the tree nearest his house, both the limbs that extended over the property line and those that did not go over the property line. The tree and landscaping now look hideous thanks to this hack. Can he do this? What recourse do I have?
1 Answer from Attorneys
Re: Cut down my tree?
Your neighbor can cut the limbs at the property line, but if he removes any portion that is on your side of the property line that is a trespass.
In cases involving neighbors, I recommend negotiation or mediation before filing any suit. Is it possible you can talk reasonably with this neighbor and preserve some domestic tranquility?
A problem with suing is that the amount of damages may not be all that great. You would probably have to prove reduction in value of your property and unless it runs in the thousands you probably won't get back the costs of suit even if you win.
My suggestion if informal mediation doesn't work find a lawyer who will give you a free consultation on site. You could also consider getting an estimate of the market-value reduction from a real estate professional and use that as evidence in a small-claims action (up to $5,000).
There are some statutes calling for treble damages for cutting trees on someone else's land but I think they apply only to careless (or crooked) logging operations, not landscaping.
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