Legal Question in Real Estate Law in California

The law allows limited self-help for victims of "tree trespass." This includes the right to trim the overhanging or invading limbs and roots of trees at the property line, so long as this is done in a way that is unlikely to kill the tree or make it so unbalanced it may topple in a windstorm.

Whether the right of self-help extends to allowing the victim of "trespass by leaves" to blow the leaves back on the property where they originated (due to the tree's trunk growing there) is questionable. I did some research, but could not find a case that would verify the position of policeman #1 or that of policeman #2. I further suspect that if the matter went to court a dozen times, especailly to Small Claims Court where the judges are less experienced and less predictible, the decisions would be six for plaintiff and six for defendant.

The right thing to do here is to make peace with the neighbor without resort to cops or courts. I'm inclined to think blowing the leaves back on your property is a bit hostile, but I don't have all the facts, and maybe there is some other reason for the neighbor blowing your leaves back to you rather than just raking them up. Try to settle it out of court.

Actually if you live in the City of Los Angeles, there is an ordinance that prohibits gas operated leaf blowers. I believe it is section 112.04(c) of the Los Angeles Municipal Code.

I've never been able to get the Los Angeles Police Department to enforce it. I think they have orders not to enforce it because it is deemed to be discriminatory against all the illegal aliens working here doing gardening.