Legal Question in Real Estate Law in California
Our shrubs over the wall
There is a 6-foot block wall separating our home from our neighbor's on the backside. We have shrubs growing about 4-feet higher than the wall. There is no restriction on height of shrubs. However,the branches from our shrubs are naturally spreading out and growing over the wall into their yard. They're new neighbors and they asked us kindly to cut back the shrubs to the wall, which we did. Quesions: Is it now our responsibility to keep cutting back these shrubs; can the neighbors bill us for their gardener to do this? Or, is it their responsibility to cut back the shrubs?
1 Answer from Attorneys
Re: Our shrubs over the wall
If the shrubs grow on your property and overhang someone else's, they are a trespass. As with any trespass to land, the owner whose space is invaded has a right to removal of the trespass and money damages. The measure of damages would be the plaintiff's reasonable cost to remove the trespass. As a practical matter, your choices seem to be to control the growth from your side so they don't overgrow the property line, or allow the neighbor to trim them occasionally at your expense. For several reasons this situation should not become a court case.
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