Legal Question in Real Estate Law in California

Precidents relating to Cal Civ Code3479
Neighbors encroaching trees are wreaking havoc by raining debris. The debris is piling up on my roof, cl;oggong gutters, impregnating flower beds and bushes,staining paint and uprooting bricks in patio.

We spend many hours each week cleaning up the maaess and pay a handyman to help when the amount of eucalyptus leaves and bark is overbearing. The yard is no longer enjoyable since the area is windy and the debris never ceases.

The tree trunks are on neighbors property but over 40% of the foilage is over mine, downwund for the prevailing air flow.

Where can i obtain court decisions on suits filed on the basis of Cal Civ Code 3479?

Asked on 7/25/00, 6:13 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Precidents relating to Cal Civ Code3479

It would be difficult to get trial court results, most of which are unpublished, without knowing case names or numbers in advance. Lawyers usually rely on appellate decisions, which are reprinted in those books you see on the shelves behind lawyers in all those pictures.

As a kind of index, look in an annotated edition of the Civil Code. In West's, there are hundreds of annotations citing cases which apply and interpret section 3479. Since 3479 covers all kinds of private nuisances, the annotations are grouped by subtopic, one of which is "45. Trees, plants and roots" Following this subhead, West provides about a dozen factoids summarizing the ruling in that case insofar as 3479 issues are concerned. Each is accompanied by a case citation so you can look up the whole case in a reporter.

West's cases for 3479 don't include anything newer than 1958. I did a quick check on the computer and found a couple of cases vaguely on point. Send me a stamped, self-addressed envelope and I'll mail it back to you with my results (2 pages).

Answered on 9/12/00, 10:49 pm

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