Legal Question in Real Estate Law in California
Overhanging Shrubbery
I live near the beach in Hermosa Beach, California. I have a tree ficus which over hangs the property line.
The tree was there at least 50 years before the builder tore down the old house and built a new home. Now the new home is constructed closer to the property line. Who is responsible for trimming the tree back to the property line? I understand my neighbor has the right to cut anything that hangs over the property line. He is asserting that I am required (or responsible for the cost if he hires some one) to trim the tree back even though it posses no hazard. Is this true?
2 Answers from Attorneys
Re: Overhanging Shrubbery
Yes everything you say is correct. In fact that was the same type of situation between myself and my neighbors after I purchased my house approximately thirty years ago. The situation work itself out very easily in my case. There was pulling complete cooperation between the neighbors and myself on both sides. I of course knew the law and to my responsibilities. In your case depending upon the trees I would have my own tree trimmer come out and trim the trees so they are not infringing on your neighbor's property but the same time trim them so that they do not to harm to the trees. As I understand it, and I am no tree expert, if you were to just cut off everything that hung over the fence without trimming the tree reasonably in total it could make the tree side heavy and cause a problem for the tree in your own property. Therefore your own tree trimmer would look out for both interests of you as well as the neighbor. Hopefully the neighbors and would be more solicit this and allow some overhang which does not harm the tree. I am in northern California in the San Francisco Bay Area and if you wish to call me at 925-945-6000. Basically you want to keep your neighbor's and your relationship a good one because you will be living next to each other for a lot longer than this tree incident will prevail.
Re: Overhanging Shrubbery
Yes.
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