Legal Question in Real Estate Law in California

Today the newly moved in neighbor behind my house called and asked if I wanted to put up a new fence between our properties.

I said no thank you, as I don't have the funds.

She continued that the real problem was that some of my trees were pushing over a few boards of the fence in a few places, and asked how "attached" I was to the trees.

I informed her that I was very attached to them, as they provided me privacy. I told her that she could cut any limbs that were hanging over onto her side, but that I definitely wanted to keep my trees.

I further suggested that she might wish to put up a new fence on their side, say six to 8 inches away from the existing fence, but she declined saying they didn't want to lose any land.

(BTW, they have a rather spacious yard area and a few inches won't impact their space).

What are the legal responsibilities of both parties in this case? Can they cut down my trees? Do I have to remove them?


Asked on 2/27/12, 7:13 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

As you said, she has the right to cut down any ranches hanging over into your yard as long as doing so does not endanger the health of the entire tree. You are responsible for repairing any part of the fence that the tree has damaged. How yo will do that without going onto her property is unclear.

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Answered on 2/28/12, 9:00 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The previous answer is a bit unclear. Actually, if the trees are growing on your property, as measured by where their trunks stand, but branches or roots intrude onto the neighbor's property, the neighbor's remedy is to cut them or have them cut at her own expense at the property line, which she may do without a court judgment or order. However, she must do so in a way that does not result in permanent injury to the trees nor create a safety hazard, e.g., that the trees may die or topple in a windstorm (like we're having now).

If the trees are growing on your property (as determined by the location of the trunks) or are growing on the boundary, she cannot cut them down.

Further, if the problem is truly only a few loose and displaced boards, maybe the solution, at least in the short run, is temporary repairs, which could be quite cheap, I'd think.

Neighbor problems of this general kind are usually better handled by diplomacy and negotiation rather than by arguing back and forth over the fine points of tree-and-fence law.

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Answered on 6/08/12, 9:05 pm


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