Legal Question in Real Estate Law in California

Re: Neighbor trimming tree on my property

It was your responsibility to do this. You should be happy they have not sued you to do this and/or sued you for the costs involved.

Re: Neighbor trimming tree on my property

Yes, your neighbor had the right to trim the branches overhanging his property.

Property ownership rights extend both above and below the surface of the soil, therefore when your tree's branches grew across the property line, they became a trespass.

By a long line of court decisions in California and elsewhere, such a trespass can be "abated" by trimming.

However, there is a corollary that the trimming or other abatement must be done in a non-negligent manner. If because of the way the tree is trimmed it falls over and causes damage, or if it dies, the neighbor might be liable, especially if there were a better way to remove the trespass.

Another thing you might consider is that you could be liable for the cost of the trimming. Perhaps you should feel fortunate you weren't asked to pay. My guess is that if you were sued for the cost of the trimming you would win unless the lmbs were themselves a hazard as well as trespassory.

Re: Neighbor trimming tree on my property

Your neighbor has every right to do so but in reality should have contacted you first. Especially if the trees the focal point of your front yard, or at least in your opinion. The problem me as if it protruded over the property line he has the right to cut those protruding branches away. I would recommend you take pictures of the tree at this point from all angles. Hopefully you do not have to go onto his property to take pictures of the portion that he cut. I would call out a professional tree trimmer to give you an estimate on how much it would cost to trim the tree in such a way that the tree was not dangerous to your property. You see improperly cut trees can cause a danger to the property upon which the remaining portion of the trees sits. Also then take pictures in the estimate along with any conclusions from the professional tree trimmer to a real live attorney. Pay for this may well be worth and it shouldn't be too much. Make sure that you find a real estate expert who can help you. More likely than not your matter would be a small claims matter and the attorney could counsel you in that regard.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.