Legal Question in Real Estate Law in California

neighbors tree

my neighbor has a very tall palm tree which looses its seeds into my yard and pool. (it's a mess and i'm tired of cleaning my pool). the tree over hangs the property line. he refuses to have it cut or trimed and states the law is on his side. is it true or is it his responsibility? i don't feel i should pay to trim his tree. what di you think?


Asked on 10/29/07, 6:47 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Re: neighbors tree

You should sue everyone who has trees, because their leaves probably fall in your nice swimming pool anyway. You will end up being a real popular person in your neighborhood.

Why don't you cut your losses now and fill in the pool and plant a garden?

Very truly yours,

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Answered on 10/29/07, 10:25 pm
Robert Mccoy Law Office Of Robert McCoy

Re: neighbors tree

No, it is not true, and your neighbor is probably liable to you for maintaining a nuisance on his property. You could sue your neighbor for monetary damages and an injunction requiring him to abate the cause of the nuisance.

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Answered on 10/29/07, 7:03 pm


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