Legal Question in Real Estate Law in California

Problem with neighbors tree

Last winter on a rainy and windy night,

a bright light was in the back yard. I

looked and the branches on my

neighbors pepper tree were hitting the

power line above our property and

causing an arc. I called the fire

department. I was concerned that it

could cause a fire. They came out and

told me that they were going to

recommend he have the pepper tree

removed. He didn�t.

The pepper tree branches hang directly

over

and touch my chimney. I'm afraid it

could cause a fire.

The debris from the tree is a problem.

When we go outside we can't help but

bring the debris in on our shoes. In the

house this debris then gets into the rug.

We must wipe the bottoms of our

shoes and pry those little pieces of crap

(pardon the expression) out of the soles

with a screw driver.

I wear a brace due to a neuropathy and

not too steady on my feet. I fear

slipping on the debris and falling.

The pepper tree branches provide a

haven for the birds in our area. When

my wife hangs her wash on the

clothesline she finds the birds have

pooped all over her clean wash

Any suggestions? How much would it

cost to have an attorney write a letter

for me regarding removing/cutting

back the tree?


Asked on 10/14/06, 4:52 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Problem with neighbors tree

Roughly between $300-$500 for the letter, depending on what you want detailed and the overall factual circumstances. Contact us directly for prompt, affordable legal assistance.

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Answered on 10/14/06, 5:50 am
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Problem with neighbors tree

I would first talk to the neighbor and explain the situation. You might be surprised to learn that the neighbor might be more receptive to trimming the tree if he knew what your situation is. If he still does not take any action, you could always pay someone to trim the tree on your side of the property line then send him the bill. If he doesn't pay the bill you can then sue him in small claims court for the cost of trimming the tree (assuming that the cost does not exceed $7,000.00, which is the jurisdictional limit for small claims).

The alternative is paying an attorney to write the letter, then paying an attorney to sue the neighbor when they do nothing. Many people simply see a letter from an attorney and ignore it. That route is likely to cost several thousands of dollars, very little, if any, of which you will ever see again. In general, parties to lawsuits must pay their own legal fees unless a contract or statute allows the shifting of fees to the winner.

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Answered on 10/14/06, 1:17 pm


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