Legal Question in Real Estate Law in California

Re: Overhangin Tree Branches in Both my Neighbors's Yards

Well, first of all, don't think of it in terms of "guilt," that's associated with crimes, and at most this is an everyday instance of civil trespass.

You may not have planted the tree, but if its trunk is standing on your property, you own it, and if the limbs overhang a neighbor's property or the roots invade her soil, that's a trespass and you are liable.

What kind of a legal notice did you get? A letter from a lawyer? A summons and complaint? If you have been served with a summons and complaint, be sure to file and serve a response within the time limit.

My advice would be to hire a certified arborist to look at the situation, preferably with the permission of the complaining neighbors to look at what's going on on both sides of the fence, and advise on whether the tree should be removed to prevent root damage in the future. Trimming may be only a temporary fix.

As to the costs of the trimming, the arborist fee, and/or removal, I think if push comes to shove you are liable, but you may be able to negotiate a cost-sharing agreement in exchange for your willingness to get rid of the tree. I'd avoid saying you don't care about the tree; that would be giving up a bargaining chip.

Re: Overhangin Tree Branches in Both my Neighbors's Yards

She doesn't have the right to bill you. She does have the right to sue you for damages caused by the tree. You should talk to her. She obviously dislikes the tree. If you offered to her that the tree can be removed at her cost, she may love the idea. I can tell you that I will pay the costs to cut down a tree my neighbor has that blocks my view. In fact, I'll pay a lot more than the costs. If you need assistance, or someone to negotiate for you, feel free to email or call.