Legal Question in Real Estate Law in California

Re: Neighbors avocado tree

This seems to be a recurring issue on LawGuru with trees. Per California Code you can cut the roots/branches of a tree that are hanging over onto your property. Just don't whack away further than that. First, it would be appropriate to try to talk to the neighbor, but I'm assuming you've already tried that. As to the sparks, I would notify the local utility company (PG&E?) and they typically have a right to trim around their power lines for safety purposes. Perhaps the utility company will trim to the fence line for you while they are there if you request them to do so and then you can basically avoid as much conflict as possible with your neighbor for the time being.

Re: Neighbors avocado tree

The right to trim trespassing limbs and roots at the property line is an exception to the general rule against self-help in trespass cases. I think it's decisional (judge-made) law, and not statutory. The flipside of not having to go to court in order to have the right to trim is that you can't recollect your costs from the treee owner, and you must trim in what one court called "a non-negligent manner" which is generally interpreted to mean your trimming must not seriously injure the tree, nor make it a hazard to blow over in a windstorm.

Due to the above, I often suggest that clients retain a registered arborist to look at the situation and make written recommendations before hiring someone to trim, or doilg it themselves. A report from a licensed arborist is handy evidence if there is further trouble later on.

Since the electric utility's interests also seem to be involved here, you might start by contacting LADWP, or perhaps it is SCE; they probably have arborists on staff or under retainer and maybe you can get free advice, but it's often better to have someone who'll write a report from your point of view.

Re: Neighbors avocado tree

Rat the rats out to the County Bureau of Vector Control. Call your local electric utility about those pesky sparks.