Legal Question in Real Estate Law in California

Re: My Neighbor Cut My Tree

Sue him for the value of the tree and trespass if he went into your backyard.

Re: My Neighbor Cut My Tree

First step would be to have a registered arborist come out and give you a written report on the extent of the harm done to the tree and the long term prospects for it to die, recover, permanently lose its shape, and so on. Take pictures and perhaps have the arborist refer to the pictures in his report. This is the evidence gathering phase; you're better off in court with evidence.

Although a neighbor has the right to cut overhanging tree limbs, he can do so only up to the property line and there are court decisions saying the trimming must be done "in a non-negligent manner," which I take to mean so as not to endanger the health of the tree nor turn it into a storm hazard. What you describe would be trespassory and negligent as well.

I suggest you also note Civil Code section 3346 which provides for treble damages for wrongful injury to timber, trees or underwood upon the land of another.

The arborist's conclusions and 3346 may help you decide whether to sue, and if you do, whether to go to Small Claims (where the max is now $7,500) or to Superior Court.

Re: My Neighbor Cut My Tree

Attorney Whipple gives you a great response. In addition, write down what you can recall his and your actual words were when you spoke. Was it your intention to give him an unending period of time to do the trimming or did you think he meant within the next month or two. Was there anything said as to how soon he would do the trimming. Talk to the neighbor who overheard the conversation to get him to commit to what he heard in case you later need him as a witness or the other guy calls him as his witness. You could also call your own home owners' insurance carrier up to see if you have any coverage and to what amount, but they might use it as an excuse to increase your rates or cancel your policy, so don't identify yourself.