Legal Question in Real Estate Law in California

My neighbor's tree has branches that extend to my propoerty and roof. Leaves block rainwater flow. Has caused damage to my walls (stucco and drywall). Who should pay for trimming/cutting of tree branches? Who should pay for repair of my wall.


Asked on 11/21/11, 10:36 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You have the right at your own expense to cut branches that extend ove ronto your property as long as doing so does not damage the rest of the tree. Who is responsible for the damage to the house is unclear. If it is from the rest of the tree perhaps the other owner is if you can show that it is a nuisance or trespass, perhaps you if the branches on your side caused the problem as you could have removed the branches before they caused damage. Speak to your insurance company and have the neighbor speak to their carrier.

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Answered on 11/26/11, 2:25 pm


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