Legal Question in Real Estate Law in California

Re: Dispute with Neighbor over Tree

Well I would need to see the property. Sounds like your neighbor is a nut. Unfortunately you will have to deal with him in court and you will need an attorney. I would be pleased to represent you. I am based in West Los Angeles and you can contact me at 310-266-4115, Sincerely, C

Re: Dispute with Neighbor over Tree

the best advice for you at this moment is to tender the lawsuit that has been filed against you to your homeonwners insurance carrier. QUICKLY, too. they have a duty to defend you, and possibly to indemnify (pay damages) you, if you are found liable. i don't think that your neighbor has any basis for punitive damages at all, however, the defense that you are provided with will flush that out.

good luck

Re: Dispute with Neighbor over Tree

Have you already been served with a lawsuit? As you probably know, you must file a response within 30 days or your default may be taken.

You don't mention small claims court, so I assume the suit or threatened suit is in superior court and not small claims. Many of the things your neighbor proposes to sue for are outside the jurisdiction of small claims, anyway.

Your understanding of the law seems to be pretty good, so I'll just comment on a couple of selected points.

First, there are two somewhat related legal theories implicated in these tree cases: private nuisance and trespass. Trespass occurs when your tree's limbs or roots cross the property line. Private nuisance occurs when something you permit to happen on your land unreasonably interferes with a neighbor's use of his land. You have offered to trim the branches (and have cut the roots) at your expense; I would put the offer in writing and send it by certified mail as future proof that you have acted reasonably.

So, I think your starting point in any litigation is that you have behaved reasonably and have not given the neighbor any cause to sue. On the whole, I see you as the probable winner in any litigation, especially in view of the reality that in neighbor-to-neighbor disputes judges tend to rule in favor of the party who has behaved reasonably, rather than in favor of the neighbor whose demands stretch legal theory and who seem unwilling to compromise.

Still, be sure to answer any suit filed and served to avoid a default, and collect all evidence that would bolster your position in a trial, if one is necessary, showing that you were the good guy.