Legal Question in Real Estate Law in California

Neighbor trimmed my tree badly, now branches are on my roof

My next door neighbor hired people to trim a tree that overhangs his property. He cut branches off up to 50 feet in the air, essentially cutting the tree in half. I understand he is allowed to do this as long as the tree does not die, but am wondering two things: If the person he had hired to do the job had fallen out of the tree, wouldn't I have been liable for his injury? Did he not need to get permission before trespassing on my tree? Also, it appears the trimming reshaped the tree and now there are live branches lying/scraping on my roof. Do I have any recourse, or must I pay to fix the mess he left? (This man has been harrassing me about one thing or another for years so I have to be careful with him.)


Asked on 8/15/03, 8:22 pm

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Neighbor trimmed my tree badly, now branches are on my roof

Well, he is certainly within his rights to trim the tree that overhangs his property. He must do so in a reasonable manner without harming the tree or damaging neighboring property. He doesn't need to get your permission to do this. If there is truly identifiable damage to property, then, you could take him to small claims court. Make sure that you document and take photographs for evidence later on. Good luck and thanks for inquiring.

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Answered on 8/16/03, 1:04 am


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