Legal Question in Real Estate Law in California

Re: neighbor has pruned trees on my property

Good neighbor relations is in the best interest of everybody. He has angered you by trimming the trees without your permission, and he should have obtained your permission or at least talked to you about it as a matter of good manners. Were the trees of particular aesthetic value, provide shade or fruit which he has damaged? Otherwise he may have conferred a benefit. In any event, I feel that you would be well served by openning up channels of civil communication with your neighbor. Such may serve the community as promoting peacible relations and stress relief. You may contact me directly at (619) 222-3504.

Re: neighbor has pruned trees on my property

Your neighbor has a limited right to enter your land -- even portions of it outside the narrow "envelope" of the access easement -- to perform reasonably necessary maintenance to the easement, including preventive maintenance. An example is power companies pruning trees and limbs away from their wires, sometimes for a substantial distance in order to reduce fire hazard. This ancillary right of entry is sometimes called a "secondary easement."

However, if the pruning and trimming or other maintenance goes beyond what is reasonable for safety, etc. the further entry and trimming is a trespass.

Unless the work seriously affected the value of your property (by making it ugly or if valuable trees were cut), the possible damages you would recover in a lawsuit doesn't make pursuing this as a legal matter worth your while. As another attorney has recommended, you should negotiate and use diplomacy.