Legal Question in Real Estate Law in California

Tree debris causing property damage daily clean up.

My home borders the greenbelt of a townhouse association. The greenbelt has several Eculiptus trees that line the border of our properties. These trees have grown to approx 30' tall and although neither the branches or roots are encroaching onto my property, the falling debris is causing damage to my pool's pump & surface. not to mention the constant daily clean up required to keep my treeless yard free of debris. I have sent a letter to the management company asking them to remove the trees. My request was denied. Several of my neighbors are willing to join me in an attempt to legally force them to remove the trees. What are our rights?


Asked on 9/30/01, 7:11 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Tree debris causing property damage daily clean up.

I doubt that you can force them to remove the trees. The expense of removing the trees out balanced by the harm caused to you. You may be able to bill them for the cost of removal of the leaves and repairing damage to the pool pump. Sent them a bill, and see what happens.

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Answered on 11/13/01, 4:06 pm


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