Legal Question in Real Estate Law in California

Property line, neighbors encrouching tree

Is it legal to cut branches of a neighbores tree that is on our property.


Asked on 8/03/08, 3:52 pm

1 Answer from Attorneys

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

Re: Property line, neighbors encrouching tree

Yes. Encroaching limbs and roots can be cut at the property line, according to California case law, so long as it is done in a "non-negligent manner," whatever that means. Presumably, this means you can do it if you don't kill the tree or make it a windstorm hazard in the process.

This is an exception to the more general rule that a property owner shouldn't resort to self-help to terminate a trespass or encroachment, and you can't make the neighbor pay the cost of the tree trimmer.

Read more
Answered on 8/03/08, 8:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California