Legal Question in Real Estate Law in California

Re: Imminently Harzardous Tree

Your neighbor has a legal duty to avoid endangering your property and your family by maintaining his trees properly. Here are some of the possibilities:

(1) You can call a professional tree trimmer and have the overhanging portions of the tree removed yourself, and the neighbor would be responsible for the reasonable cost thereof; or

(2) You could remove the entire tree, in person or using professional tree trimmers,even going on the neighbor's property to do it so long as this does not create a disturbance of the peace, under the principle that the tree is a private nuisance and you are exercising your right to abate the nuisance. If you do so, act reasonably and safely. Your neighbor would theoretically be liable for the cost, but expect trouble collecting.

(3) You could wait for the tree to fall and sue for the resulting damage. You probably have some duty to 'mitigate' damages, but you may have satisfied that by calling the neighbor's attention to the problem.

Finally, I always recommend handling matters involving family and neighbors with extra caution, tact and diplomacy, not only because these are the people you are supposed to get along with, but also because they are in a position to retaliate if they become angry.

Re: Imminently Harzardous Tree

I would echo Mr. Whipple's statement. In addition, you should contact your home insurer right away. They might take care of the problem, and if you notify them right away, they cannot later complain that you sat around and waited for things to get worse.