Legal Question in Real Estate Law in California

Re: Tree Removal

Assuming that your neighbor's claims regarding the property line are true and assuming that you did not plant the trees, I am unaware of any legal authority that would require you to pay for removal of the trees.

More importantly, however, I believe you should retain your own surveyor to verify the property line. Don't just take the other surveyor's word for it.

There is a doctrine of law called adverse possession that MIGHT give you legal title to that land in question if you occupy someone's land for a long enough period of time. However, you should consult with a local real estate attorney to see if your situation meets the requirement for an adverse possession claim.

Re: Tree Removal

1) I would get my own survey to be sure. 2) I think he can't make you remove the trees without more (I would need to research to be more sure, but my gut says he is wrong).

Re: Tree Removal

If the trees grew on the disputed strip naturally, you are clearly not liable for their removal.

If the trees were planted there by a previous owner of your property, in the mistaken belief that the land was his, you might be liable as the successor in interest.

As you might expect, there is a fair number of California cases dealing with a strip of land along a common boundary changing hands after a survey (or not, if there has been adverse possession). I ahve read these cases over and over in handling boundary dispute matters for clients. I do not recall for sure a single one where a successful claimant also demanded, and obtained, relief for trespass.

My guess is that if there is such a case, and the trespassing object (tree, building or whatever) was placed there by a previous "owner" rather than by nature, the current owner WOULD be liable for its removal.

This is an issue that would require research, which I would be pleased to do without charge, but haven't the time right now. Please feel free to contact me directly next week if you wish to take advantage of this offer.