Legal Question in Real Estate Law in California

Re: neighbor destroyoing my property

You didn't provide information about where the trees and other vegetation are growing......it is very important whether they grow on your parcel, the neighbor's, or whether the trunks of the trees are on the boundary line.

If the tree trunks are on your side but the limbs or roots cross onto the neighbor's side of the boundary line, the neighbor may cut them to the line, since they are considered to be trespassing. The cutting must be done in a way that avoids serious risk of permanent harm to the trees.

If the trees (as reckoned by where the trunks grow) are on the boundary, you own them jointly, the limbs and roots do not trespass, and you each share cost and responsibility for the limbs and roots under or over your land.

Finally, if the trees are on the neighbor's side, he can do as he pleases with them, and you have only the right to prune off trespassing roots and branches.

Now, this is the simplified answer. There are various additional rules for "noxious" roots that are causing foundation damage, invading plumbing, etc., rules limiting damages for the trespass caused by invading branches and roots, rules for treating a neighbor's trees as a private nuisance, etc.

So, what you describe may be a trespass, it may be within the neighbor's rights, or it may even be criminal destruction of property, all depending upon additional facts, mainly where the plants are rooted and where the parts being cut or tampered with are standing in relation to the property line. And so on.

Re: neighbor destroyoing my property

If the trees are your property and, more importantly, planted on your property, then, the tenant is trespassing and destroying property. A simple lawsuit against the tenant, possibly small clams should work (caveat: small claims limited to $5000). If the trees are not on your property, then, you are wasting money planting trees on someone elses property and you would have no rights.