Legal Question in Real Estate Law in California
Is a neighbor legally responsible for "nuisance" damage to my property? Large plum tree branches hang 7 feet over fence onto my property, directly over my waterfall. Constant mess ( leaves, plums, blossoms in spring) in waterfall, my yard, and the vegetation I have planted around my waterfall. I know I can trim back to the fence line, but this tree is at least 35-feet tall and I don't have the means to do it myself, nor the money to hire a professional tree trimmer. Thank you.
1 Answer from Attorneys
Probably. A suit for money damages for either private nuisance, trespass or both would probably be successful, and you could ask for an injunction in a nuisance action. However, unless your property is under cultivation or used for grazing livestock (see Code of Civil Procedure section 1021.9) you would not be entitled to recover attorney fees. Therefore, despite the likelihood of prevailing against the neighbor, your overall financial results are uncertain at best. I recommend negotiating as the first tactic, perhaps including mentioning that you could probably sue and win.
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