Legal Question in Real Estate Law in California

I have been living in my house for 18 years. Over those years I have had various neighbors next door. Between the two drives is a strip of land at least 10 to 15 feet wide. There are three Liquid Amber trees that are on my side of the property line. Yet, due to the exposure of the sun there is a majority of branches that extend over the property line onto my neighbor�s property.
The Liquid Amber sheds its leaves then drops seed balls in the winter. These seed balls get under foot. We recently had heavy winds and a good number of the seed balls dropped onto the neighbors� drive.
Last night I was approached by the neighbors who state they wanted the trees taken down or trimmed because the balls were a problem and could cause trouble. They told me that if someone fell on their property because of the balls they could be sued and then they would sue me.
Where would I stand?

Asked on 2/17/12, 8:47 am

2 Answers from Attorneys

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

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There's a strong possibility -- no, a high probability -- that you'd be found at least a co-tortfeasor and liable for someone's slip-and-fall injury. The basic law is that trees belong to whomever's property they grow upon, and that branches that overhang and roots that invade a neighbor's property are trespasses by the tree owner.

I suggest that you find and hire a licensed arborist (tree expert) to give you recommendations for improving the safety conditions. Hopefully there is a trimming pattern that car minimize the danger without destroying the trees or costing a bunch of money.

Overall, you have two objectives here -- making the trees less of a hazard, and making the neighbor happy with your efforts.

Answered on 2/17/12, 11:22 am

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