Legal Question in Real Estate Law in California
Homeowner Rights
My neighbors, with whom I share a fence (and property line) in common, have a large tree growing, more or less, right next to the fence. One of it's branches is grown out over my property - by a significant amount. I want to have just this branch trimmed back even with the fence/property line.
I have contacted a tree trimmer who will do the job and I will pay for it. It's now the time of year in which the sap is receded, the tree is losing it's leaves and the trimmers have assured us all that there will be no lasting damage to the tree.
My neighbors are balking at the suggestion.
Do I have any legal rights? What are they?
3 Answers from Attorneys
Re: Homeowner Rights
You may trim the portion that extends over your property line.
Re: Homeowner Rights
You may cut the portion overhanging the property line at the property line, so long as you do so in a "non-negligent" way, to quote one of the leading appellate cases. The court didn't define "non-negligent" but you are on the right path by arranging for the cutting to be done at the time of year when permanent damage is least likely.
To be super-cautious, you might get an opinion from a licensed, certified arborist who isn't in the tree-trimming business, to be sure you have truly expert and impartial advice. Then, even if something does happen to the tree, it would be almost impossible for a judge or jury to find you negligent!
Another factor to consider in addition to possible death of the tree is creating an imbalance that would make the tree more likely to topple in a strong wind. The arborist can discuss this with you also. Get a written report.
Re: Homeowner Rights
As long as you do not negligently damage or destroy the tree, you have the right to trim any part that crosses your property line.
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