Legal Question in Real Estate Law in California

Re: Neighbor removes trees hanging in their yar

Here's my view of where the law on overhanging branches stands. There may be recent cases I'm not aware of.

First, even though you own the trees, if the branches overhang a neighbor's property, they are a trespass. However, courts are cautious about giving the 'injured party' all the usual rights of one who is trepassed against, because this kind of trespass is considered pretty trivial. The neighbor probably can't sue successfully for money damages. The most the courts would allow is for the neighbor to trim the branches at the property line. The relative aggressiveness of trimming that would be permissible would further depend upon whether the limbs constituted a 'nuisance' or were 'noxious.' I suppose this means that if they are a windstorm hazard or spread dirty leaves, needles, seeds, etc. more aggressive pruning would be reasonable. In the case of tree roots, they are 'noxious' or a 'nuisance' when they cause sewer plugging, foundation breakage, etc.

The party cutting the limbs or roots of the neighboring tree must do so in a non-negligent way. I would interpret that to mean in a way that does not endanger the tree or make it likely to topple.

There is less of a duty to trim in a way that preserves the esthetic qualities of the tree(s). I suppose courts would say the neighbor should perform the limb removal with some regard for the appearance of the finished job, but the owner has no right to expect trespassing portions of limbs to be left in place just for esthetic balance.

All in all, I think you are justifiably upset about the lack of communication and the sloppy job, but to a point the neighbor had a right to cut without notice. He may have exceeded that right, but on the other hand your indignation may be a little excessive.

You might want to have your own arborist and a local real-estate attorney look at the situation together, and advise you on the basis of an on-site review of whether actionable negligence has occurred.