Legal Question in Real Estate Law in California

Re: who is responsible for cutting a tree?

If the tree base is in the neighbors yard than it is the neigbors responsibility to ensure that it does not trespass onto your property. You can sue the neighbor for trespass and for an injunction forcing them to trim the tree!!

Re: who is responsible for cutting a tree?

Tree branches or roots that cross the property line constitute a trespass. You have the right to cut the branches but you must do it responsibly, i.e. not in a manner likely to injure the tree or endanger persons or property. You probably would win a lawsuit to recover the cost of hiring a professional tree trimmer.

In situations involving neighbors, I always recommend negotiation and avoidance of lawsuits except in extreme situations. Try to avoid hostility if possible. Inform the neighbor of your rights and his responsibilities and ask his cooperation. If not forthcoming, hire a tree trimmer and ask the neighbor to pay. If he won't, ask him to split the tab. Unless a whole lot of money is at stake, I would stop short of taking him to court. Be civil at all times.