Legal Question in Real Estate Law in California

I live on a private road with right-of-way access. There is a large redwood tree on an undeveloped parcel near the entrance of the private road. The tree is growing at the end of an engineered retaining wall on a steep slope and is being undermined by spring (water) action. If it falls over, it will take out the entire road. The majority of neighbors want to cut it down, but one does not. The tree is about 100 feet tall and sits within the boundaries of the right-of-way. She has threatened legal action. Can we go ahead and take down the tree? The tree would land on the undeveloped parcel.

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Asked on 7/29/14, 6:44 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I can't see how "a majority of neighbors" opinions make any difference. The owner of the parcel that the tree is growing on is the one whose opinion really counts. Sure, the owner of that parcel, and hence the owner of that tree, may have some liability to the neighbors if it falls due to his/her negligence. However, until this happens, the non-owners of the parcel and hence the non-owners of the tree have limited rights and remedies. If the tree presents an imminent hazard, perhaps a lawsuit to have it declared a private nuisance would be successful. Indeed, you might get opinions from an arborist and a local lawyer and consider this option.

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Answered on 7/29/14, 8:46 pm
Anthony Roach Law Office of Anthony A. Roach

Penal Code section 384a may apply to your situation. An attorney would have to review the recorded documents to properly advise you, as this may be more than just a private way and may require a permit.

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Answered on 7/31/14, 9:15 am


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