Legal Question in Real Estate Law in California
Neighbor's tree causing damage
We recently bought a house and the neighbor's overgrown tree hangs well over our driveway. The tree drips sap and a yellowish substance that covers my cars. This is very difficult to remove and I am afraid it is beginning to cause damage to the paint finish on the cars. The owner currently rents the house so we contacted the property management that represents the owner and we were told on two different occasions that the owner refuses to cut the limbs that over hang on my property. The property management company also refused to even give us the name of the property owner. The tree is far too tall; we wouldn't be able to cut it ourselves without the expensive rental of a cherry picker and other equipment, not to mention having to pay for the disposal of the branches. What rights do we have in this situation or who can we contact to get the owner to have the tree timmed so that it does not hang on our side? Thanks.
1 Answer from Attorneys
Re: Neighbor's tree causing damage
You can pursue legal action on either or both of two theories: "trespass" and "private nuisance."
This sounds like a small claims case. Prepare, file and serve a complaint against the property management company.
The management company, when sued, may cough up the owner's indentity. If not, they will be forced to defend on their own and, if you win, they will pay the judgment and recollect (perhaps) from the owner.
In any event, you have the right to insist upon removal of the encroaching tree limbs and you may recover damages. Also, in theory you have the right to self-help by trimming the branches yourself (and if necessary bringing suit to recover your cost). However, in practice it is much safer to make the neighbor do or contract out the work, because if you do it and the work is negligently done you will be liable if the trees die.
This answer just scratches the surface; you need to get further advice on how to prepare and present a small claims case; but you need to know that the law is on your side and if properly and tenaciously pursued you should prevail in a suit.
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