Legal Question in Real Estate Law in California
Neighbor trimming tree after judge ruled at his cost
Nieghbor took us to small claims court to cut down 70 year old pine tree. Judge stated that the tree has been there before either of us moved in, and he was aware of the pine tree. And if he choose to trim it, at his cost. Our Nieghbor trimmed it and took us back to court for trimming cost. Judge ruled on the Plantiff's behalf. What is going on????? What can we do now???
1 Answer from Attorneys
Re: Neighbor trimming tree after judge ruled at his cost
If the tree is growing on your land and its limbs were overhanging the neighbor's land and creating a safety hazard, the judge may have been right in assessing the cost of the trimming to you. The element of danger is important.......if the tree limbs were not a danger, the judge's ruling would probably be wrong: the neighbor would then have the right to trim the branches overhanging his property, but at his own expense.
Small claims decisions can be appealed, but the cost of an appeal and the probability of losing seem to make it a bad proposition for you. However, if you feel strongly about it, discuss your appeal chances with a local lawyer.
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