Legal Question in Real Estate Law in California

Re: Trees

They are liable to you if the tree falls and damages your house, but you will not be able to force them to cut it down.

Re: Trees

Thank you for your inquiry.

Trees situated on a piece of property are considered the property of the owner of the land. If the trunk of the tree straddles a property line, both property holders have some rights in the tree. The fact that a portion of the tree hangs over into your airspace is not enough to give you any rights in the tree.

It sounds like the tree is sitting completely on your neighbor's property. If it falls, the neighbor will certainly face liability. There are a few things you might do to deal with this situation (and frankly, you probably should do something given that eucalyptus trees have very shallow roots and are well know to topple or have branches snap. I recently dealt with a situation wherein this occurred).

First, consult your neighbor and see if he/she might be willing to trim or stabilize the tree in some manner. Second, if this is unworkable, you should have an attorney write a legal demand letter setting forth the reasons the tree is a severe threat to your safety with a request for some reasonable remedy. Third, if you are very concerned, there are possible ways to force some kind of response on your neighbor's part, but they will necessarily involve legal action and some kind of expert assessment of the tree's age and fragility.

Should you need any assistance with the above, please do not hesitate to contact me personally. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.