Legal Question in Real Estate Law in California

I live in a zero lot line property. My neighbor complained about our 6-7ft tall lemon tree cause damage to their side wall which sits in our backyard and wanted us to trim it within 2 weeks. We didn't do it and they came in to our backyard and trimed by himself without our consent and they did it when we were not home. Do they have the right to just come in to our backyard and trim our tree? I don't feel safe anymore. Please advise.


Asked on 9/21/10, 10:46 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Probably. First, if the tree branches were contacting the neighbor's building, either constantly or when the wind blew, that would be a trespass to their property. Second, although the usual remedy for trespass is to go to court and get a court order, California case law allows self-help for trespass by tree limbs or tree roots. The scope of the allowable self-help is that the offended neighbor may trim the branches or roots to the property line, but it must be done in a non-negligent manner, i.e., without killing the tree or making it likely to fall over in a storm. The neighbor doing the trimming cannot re-collect the cost of the trimming work from the tree owner when it is done under the self-help rule. Lastly, California and most other states also observe a principle with respect to zero-lot-line buildings that the owner has an implied easement, of somewhat limited scope, to enter the adjoining property to do maintenance and inspection of their own property.

I would add that I could not find a California case or discussion in a treatise that was exactly on point, so my answer is qualified with "probably" and is cobbled together with analogies and reliance on similar situations. Finally, if this is a condominium or some other kind of planned development with CC&Rs;and rules of its own, these should be reviewed for anything that requires a different conclusion.

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Answered on 9/27/10, 10:13 am
Anthony Roach Law Office of Anthony A. Roach

Your post is confusing. If the wall sits on your property, it is not their wall, it is your wall. It is also not clear where the lemon tree is. If the tree stands on your property, it is your tree. The neighbor has the right to prune the branches back to the property line, but does not have a privilege to come onto your property and cut the tree or prune it there. That is trespass.

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Answered on 9/27/10, 2:24 pm


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