Legal Question in Real Estate Law in California

Can I be forced to trim a tree that overhangs a fence
I purchased a home 5 years ago with several very large trees. My neighbor purchased his home 3 years ago, obviously knowing about the trees. He subsequently built a pool in his back yard directly underneath one of my trees (he could have built it in a part of his yard not near one of my trees). Now he keeps harassing me to trim the tree so that it does not cross the fence line. The tree is approximately 30 feet tall, and it costs anywhere from $100 to $300 to get a professional out to trim my trees. He hired someone to trim the trees to the fence line 3 years ago after purchasing the home, and I had a professional trim them last year, but they grow quickly and overhang the fence - again. I purchased a long saw and trimmed many of the branches already, but he continues to insist that the very high ones should be trimmed as well as he says the leaves fall in his pool. Because the trees are so close to the fence, I would need to have them trimmed every year to avoid this problem.

Am I responsible for trimming the trees to the fence line? Please let me know where I stand on this issue. Thanks.

Asked on 10/27/99, 1:01 am

Jed Somit Jed Somit, Attorney at Law

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Re: Can I be forced to trim a tree that overhangs a fence

Your neighbor is allowed to trim the branches which overhang his

yard. Generally, you have no obligation to trim the branches, although

he could claim the trees are a "nuisance"; I don't know if a judge would

agree, as "nuisance" in law does not encompass every possible irritation.

You should check local ordinances. Some cities have ordinances concerning what

trees must be, or can be, cut, depending upon effects on neighbors, creation of

danger, interference with view, or to preserve trees.

Answered on 10/27/99, 8:15 pm

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