Legal Question in Real Estate Law in California

property lines
Neighbor with overgrown trees over property line involving power lines to my home and to back of my home . Refusing to cut despite registered letter I sent them. Can i hire someone to cut trees and sue them for the full amount

Asked on 5/27/09, 7:08 pm

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

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Re: property lines

See my prior answer to another version of this question. To summarize:

(1) Yes, you can hire someone to prune the trees;

(2) No, a court should not award you any money damages - but in Small Claims, things happen that shouldn't.

Also:

(3) Your right to self-help in pruning the trees without prior legal action is subject to a duty to do it in a "non-negligent manner."

(4) A registered arborist's advice will go a long way to removing any taint of negligence on you.

(5) Since utilities are obssessive about clearance around their conductors, why not call the utility are ask them to deal with it?

Answered on 5/28/09, 7:01 pm

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