Legal Question in Real Estate Law in California
First, thank you for your reply. Below I have amended my question for purposes of clarity.
My neighbor's large creeping fig has grown into the block wall that separates our homes and has completely overtaken it. The trunk exists completely on his side of the property line. For years I battled it but eventually decided to make it my friend and have kept the wall tended and pruned. This one enormous vine has attached itself to well over 1000 square feet of block wall between my backyard and two other neighbors. It is attractive and it keeps my yard cooler in the summer. So here is my question: what if my neighbor decides to cut the plant down on his side of the wall? The original owners passed away and I live in fear that new owners may decide to eliminate it. This, I am sure, would not only leave me an ugly and expensive mess to eliminate but would leave our block wall damaged and scarred. I am wondering if I have any legal rights in this area. I don't want to pick a fight with new neighbors and of course will express to them my concerns but I would like to be forewarned as to whether I have a legal leg to stand on in compelling them to preserve this tree. Very little of it, ironically, actually exists on their side of the yard. Since according to your original comment my neighbor has the right to remove it, does he also have the obligation to remove its dead vines from my wall if he chooses to go that route?
Thanks for your time!
Tracy
2 Answers from Attorneys
I would be happy to talk to u about this and your options my office number is 8183450123.
The neighbor would be within his or her legal rights to cut down the tree as the trunk sits wholly in their yard and is therefore their tree.
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