Legal Question in Real Estate Law in California

My neighbors trees hang on my property. They don't trim them. They are about 40' high. If the branches break and fall on my property, who is responsible for any damages?


Asked on 2/16/12, 10:04 am

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Usually, the overhanging limbs (or invasive roots) of a neighbor's tree are considered a trespass to land and their owner is the trespasser and is liable for any harm they do. The neighbor might also be liable on a theory of negligence, but this could be more difficult to prove in court.

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Answered on 2/16/12, 10:14 am
Gary R. White Burton & White

Have you asked the neighbor to trim his tree so that the limbs do not overhang your property?

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Answered on 2/16/12, 4:18 pm


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