Legal Question in Real Estate Law in California

Re: home owners obligation

No. If the tree trunks are on your side of the boundary, the trees belong to you (Civil Code section 833), and limbs or roots that cross the boundary are a trespass and perhaps a nuisance. The neighbor has the right to cut the overhanging limbs back to the property line, but must do so in a "non-negligent manner" (in the words of one judge) so that the tree is not killed or made unsafe in a windstorm. However, the neighbor must bear the expense of the trimming himself. If he can prove money damages caused by the trespass, he could recover the amount of his damages, but a court would have to hear the case and render a judgment.

Re: home owners obligation

This is the only time I have to disagree with Mr. Whipple's excellent answers. I believe their is case law that if the dropping of branches and leaves onto the neighbor's property is considered a nuisance, he can successfully sue you for those "damages" and probably get you to remove the offending limbs. I know that many years ago my insurance company agreed to such a settlement with the neighbor of a vacant lot my family owned. I hope that I am wrong, because I have that same problem on some other lots too.

As a practical matter, if you feel that your neighbor might take some action, it would be wiser to find out how much the trimming would cost and see if you can work out some type of compromise. If a claim is made against you, your insurance rates might go up more that the cost of trimming.