Legal Question in Real Estate Law in California

Re: Trespassing to sever limbs from a neighbor's tree

Well, let's start off with the picture before the sawing occurred. The trees, growing on your property, are yours. However, when their limbs grow to the point where they overhang the neighbor's property, they are trespassing. Remember, property rights extend below and above the surface as well as existing on the surface itself.

So, when the neighbor crosses the property line to cut the limbs, he is also trespassing, but with some justification -- to cure your trespass -- which would probably be a complete defense, if it were done in a careful and responsible way and no real damage resulted other than removal of the limbs at the property line.

If the neighbor's saw cuts are on your side of the property line, he has cut too much, and you have been injured in a way that is theoretically compensable in damages. However, unless the effect on your trees and the appearance of your property is very serious, the prospective damage award doesn't warrant the ill will and legal costs a suit would engender.

All in all it seems to me (without seeing the situation) that there is enough reciprocal trespassing going on here so that a court would consider a lawsuit a waste of its time and dismiss it. You are better off negotiating.