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.
Answered on 8/03/08, 8:27 pm