Legal Question in Real Estate Law in California

Re: tree removal

Probably not, and you may well have a cause of action against the person who did the cutting for trespass.

Re: tree removal

Your question is possibly ambiguous as to "beyond his lot line." If you mean "beyond his property" i.e. on your property, it's a trespass. He is only permitted to cut your trees to the extent their roots or limbs overhang into his air space or ground, and even then must do so with some regard to the tree's health and safety. He or his workers may come onto your property to the extent necessary to do the work. This is because the intruding limbs or roots are a trespass and he has a right to take reasonable steps to abate the trespass.

If, on the other hand, the neighbor has cut whole trees or portions of trees that were NOT intruding onto his property, then HE has trespassed. In addition to the old common-law trespass to land involved, a couple of statutes address injury to or removal of someone else's trees or timber, and provide for treble damages. See Civil Code section 3346 and Code of Civil Procedure section 733.

There are a couple of possible defenses your neighbor might be able to raise successfully against a claim for trespass. The first is the defense of "necessity," under which he might assert that the trees he cut were about to fall on his house or onto a busy highway (for example).

The other possible defense relates to an affected neighbor's right to abate a private nuisance; he would have to establish that your trees somehow greatly interfered with his reasonable use and enjoyment of his own property. See Civil Code section 3502. However, nuisance abatement is seldom a sufficient reason to cut trees to avoid liability to the owner for the trespass of injuring or destroying the trees.

Re: tree removal

First of all no one can come on your property without your permission. That is trespass, the question is what is your damage. That is both his civil as well as a criminal penalty. If anybody cuts a tree is to be cut applicable to that part which hangs over over onto his property. That is a very hard to define. Moreover, what a difficult question given how high the tree has grown. Of course, common sense as some portion of the tree not over the lot line may be trimmed back. If that is the case what is your real damage. Your basic damage is that the tree now is top-heavy and given rein conditions eccentric and very possibly fall over onto you are property. If that tree is near your home a very possibly could fall into your house. Now if your whole tree has to be cut down because of improper trimming there's a damage to that in terms of the value of the tree. How will visit and how has grown. Did you refused permission to go on your property, did you discuss this with him before hand or did he just have somebody trimmed the tree. More likely than not, this is a damage of less than $5,000 and, simile can be taken care of it Small Claims Court. Criminally, you can make a claim if the facts are proper to the local district attorney and see if he will press charges. Most importantly, take pictures and go seek the aid of a real attorney in person where he/he can give you real advice based upon all the facts which are presented. At that point the alternatives can be dealt with based upon the facts which are presented to the attorney.I have been practicing law in the San Francisco Bay area for approximately 35 years and expert in the area in the category in which your question is placed. I feel I can help you in this matter and if you wish to consult with me please contact me at 925-945- 6000.