Legal Question in Real Estate Law in California

Re: Real estate

I am surprised that your utility company did not fix the problem. In San Francisco, PG&E will cut away branches affecting electrical power lines (but not telephone lines).

Under California law, the owner of the tree on whose lot it grows is responsible for cutting down branches that overhang into a neighbor's yard. As the party affected, you have the right, but not the obligation, to trim back the tree as it affects the power lines, up to the property line of your two properties.

You may want to call your city planning department and report the tree as a nuisance and ask them to cite your neighbor for his/her refusal to cut back the tree. Alternatively, you can take him/her to a mediation if talking to him/her will not work. Many counties have low or no-cost non-profit organizations that do this on an ongoing basis. Mediation works about 85-90% of the time. Your neighbor, if called to mediation, may just decide to cut back the tree rather than waste a half day or evening in mediation.

Finally, you may cut back the tree and present him/her with the bill. If the neighbor does not pay, you can take him/her to small claims court. This is a little risky, however, because if you damage the tree by cutting it back, he may counter sue you for replacement.

Last, but not least you may wish to engage an attorney to write a letter to your neighbor. If you wish to go this route, I am happy to help. I give Nolo clients a substantial discount, and this might solve your problem quickly and inexpensively. Good luck.

Re: Real estate

I am surprised that your utility company did not fix the problem. In San Francisco, PG&E will cut away branches affecting electrical power lines (but not telephone lines).

Under California law, the owner of the tree on whose lot it grows is responsible for cutting down branches that overhang into a neighbor's yard. As the party affected, you have the right, but not the obligation, to trim back the tree as it affects the power lines, up to the property line of your two properties.

You may want to call your city planning department and report the tree as a nuisance and ask them to cite your neighbor for his/her refusal to cut back the tree. Alternatively, you can take him/her to a mediation if talking to him/her will not work. Many counties have low or no-cost non-profit organizations that do this on an ongoing basis. Mediation works about 85-90% of the time. Your neighbor, if called to mediation, may just decide to cut back the tree rather than waste a half day or evening in mediation.

Finally, you may cut back the tree and present him/her with the bill. If the neighbor does not pay, you can take him/her to small claims court. This is a little risky, however, because if you damage the tree by cutting it back, he may counter sue you for replacement.

Last, but not least you may wish to engage an attorney to write a letter to your neighbor. If you wish to go this route, I am happy to help. I give Nolo clients a substantial discount, and this might solve your problem quickly and inexpensively. Good luck.

Re: Real estate

I am surprised that your utility company did not fix the problem. In San Francisco, PG&E will cut away branches affecting electrical power lines (but not telephone lines).

Under California law, the owner of the tree on whose lot it grows is responsible for cutting down branches that overhang into a neighbor's yard. As the party affected, you have the right, but not the obligation, to trim back the tree as it affects the power lines, up to the property line of your two properties.

You may want to call your city planning department and report the tree as a nuisance and ask them to cite your neighbor for his/her refusal to cut back the tree. Alternatively, you can take him/her to a mediation if talking to him/her will not work. Many counties have low or no-cost non-profit organizations that do this on an ongoing basis. Mediation works about 85-90% of the time. Your neighbor, if called to mediation, may just decide to cut back the tree rather than waste a half day or evening in mediation.

Finally, you may cut back the tree and present him/her with the bill. If the neighbor does not pay, you can take him/her to small claims court. This is a little risky, however, because if you damage the tree by cutting it back, he may counter sue you for replacement.

Last, but not least you may wish to engage an attorney to write a letter to your neighbor. If you wish to go this route, I am happy to help. I give Nolo clients a substantial discount, and this might solve your problem quickly and inexpensively. Good luck.