Legal Question in Real Estate Law in California

Re: real estate boundries

Overhanging tree limbs, while technically a trespass, carry different rights and remedies than other trespasses. First, there is a limited right of self-help, which is unusual - you can cut the overhanging limbs. However, there are two caveats.

The first of these is that the trimming must be done in a "non-negligent manner." These are the words of an appellate decision, and the decision does not elaborate on what this means, but most commentators take it to mean that the pruning (a) must not kill or injure the tree, and (b) must not create a danger that the thus-pruned tree is more likely to topple in a windstorm. It probably includes other negligence as well. I usually tell folks inquiring about trimming branches and roots to get an opinion from a registered arborist beforehand. Getting professional advice is a strong argument that whatever you did in following the advice wasn't negligence.

The other caveat is that a court will probably not award you any damages for the trimmer's bill. This is unusual in that most victims of trespass can expect to receive a money damages award for actual costs incurred to remove a trespass, but of course they have to go to court for their remedy, rather than employ self-help.

Utilities operate under different rules and also have the benefit of easements for their wires, which includes the right (and duty?) to maintain the easement. Contact the utility and ask them how much of the problem they can and should handle before doing anything yourself. If it ends up being necessary to take action without the utilities, be sure to get a written report from an arborist and follow the advice.

Re: real estate boundries

If the trees interfere with the power lines servicing your home, call the utility. Don't cut someone else's trees until you review the matter specifically with an attorney. You need an attorney to review the entire situation before advising you on what to do - there are a number of issues you need to be aware of before you attempt to exercise self-help in cutting someone else's trees. By calling the utility, they will likely come out and cut the trees saving you the hassle of being sued by an angry neighbor.

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Re: real estate boundries

Call the power company. They can get the job done.