Legal Question in Real Estate Law in California

I have a neighbor on one side of my house who has several very large eucalyptus trees just barely on his side of the property line. The trees are so messy that I rake up two full trash cans of leaves every other week and my yard always looks disgusting. They will not trim the trees, they will not clean up the leave on thier side and they blow into my yard, they will not even let me use thier dumpster to empty my trash cans full of thier leaves. Is there anything I can do?

Also, I have a neighbor on the other side of me, our houses are about 20 feet apart separated by a wooden fence, his property and house are about 12 inches higher than my property. The side of his house that is closest to my house has no rain gutters and the walkway that goes from the back yard to the front yard has no drainage. When it rains all the water from his roof and all the water from his walkway all flood the side of my house. Last year during the heavy rain my house flooded with 2 inches of water and the carpet, tile and drywall in the back half of the house had to be replaced. Can he be legally required to put up gutters and create some drainage?

Thank you for your help.


Asked on 9/10/11, 10:51 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are (different) legal remedies for each situation. As to the trees, consider trespass and private nuisance. The other situation seems to be an unreasonable concentrated discharge of the surface waters from the upper property. Moving may be the better alternative, but a good property lawyer could devise lawsuits addressing each situation that might be winners. Suits against neighbors are especially difficult and negotiation assisted by advice of a lawyer may be better for you in the long run.

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Answered on 9/10/11, 9:33 pm

I disagree with Mr. Whipple about the trees. I know of no authority for trees being held to be a legal nuisance (as opposed to an actual nuisance which they clearly are). You have rights to trim them back to the property line, but that and dumping the leaves back on his property are the only remedy I can think of. There is clear law, however, that says a neighbor cannot allow artificially accumulated water to discharge onto a neighboring property. Water collected on a roof and hardscape is clearly artificially accumulated. If that neighbor will not install proper drainage, you can sue them to force them to install it, as well as for the damage you suffered.

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Answered on 9/14/11, 10:53 am


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