Legal Question in Real Estate Law in California

Re: Neighbor Cutting My Tree

The short version of the legal answer is that you are responsible for what is on your side of the property line and he is responsible for what is on his. You don't have a right to do anything on your side that would impact his side (for example, you couldn't cut back tree roots if it would impact his tree), and he doesn't have a right to toss branches back damaging your plants in the meantime.

That having been said, these neighbor property-line disputes tend to be ugly, and it is best to defuse them before they start. Maybe people shouldn't get irritated by fallen leaves, but they do, and little things can turn into big problems later. My suggestion is, take him some homemade cookies and tell him that you would like to trim your tree so that it doesn't hang over the fence and his property line as much as possible. Trim the tree back as much as possible (without hurting the tree) so it doesn't create a problem. (You can't be responsible for leaves that blow over there, but you can trim your tree back so it doesn't overhang.) Stay in good relations with him in other ways. If that doesn't work, at least you'll look like you've bent over backwards to be cooperative, and that will put you in a better position legally later on.

Re: Neighbor Cutting My Tree

This is an interesting, and familiar scenario. I once represented a man who did what your neighbor did. I represented the gentleman in an appeal of his criminal conviction for vandalism!

The short answer may be a question...how willing are you to destroy any hope of normal neighorly relations with this man?

The damage to your property could be construed as criminal vandalism. To initiate this type of action, I suggest calling the business office of your local police department and filing a complaint/"counter" report (police report filed at the counter of the station).

You can also make a civil claim against HIM for trespassing, causing damage to your property. This could be far more expensive to litigate than you would likely recover - so small claims court would be a god option and each county has a small claims advisor to help you. www.courts.ca.gov is a good website. click the self help area to find info on small claims.

Your neighbor could be entitled to counterclaim or offset for his costs to remove your nuisance tree limbs. He may have been able to sue you for the cost of cutting and haul away of the material.

There may also be a neighborhood mediation center to help you and the neighbor sit down and work this out. Check with the small claims advisor to see if something like that is available in your court.