Legal Question in Real Estate Law in California
trim or fall-tree
I have a very large Ficus tree on my property. It overhangs my neighbors property. About 7 years ago, I had tree trimmers out, but they were unable to get permission from my neighbor to trim the tree. Subsequently he cmme over complaining about the tree. I authorized him to trim it, but he would rather just complain and let me pay for the trimming. Now, because I trim my side, I'm concerned that the tree is dangerously lop-sided and might fall ( onto his property) Is it my responsibility to trim the tree? Is my neighbor responsible if his neglect causes the tree to fall and results in damage to my property and our co-owned fence?
2 Answers from Attorneys
Re: trim or fall-tree
I'm a little confused about what the neighbor will and will not allow. What will he agree to? The two things that seem to make sense are he hires his own trimmers and you pay the bill, or he allows your trimmers to work on his side of the fence.
Leaving the tree half trimmed sounds risky, and I'm doubtful that the neighbor's refusal to allow trimming on his side is a reliable defense to his possible suit for damages if it falls on his side (although I would certainly assert that in defense).
I would suggest two things: First, hire an arborist, not just a trimmer, to look at the tree and give you a written opinion on proper care for this tree, and current risks; then give your neighbor a copy and ask him to sit down and work out a mutually-satisfactory long-term plan.
If the tree falls, it could be either your fault, his fault, or nobody's fault (an accident or act of God). If you have doen everything reasonably possible to anticipate and correct hazards, your position is stronger than if you have either neglected the situation entirely or gone ahead using untrained trimmers.
Re: trim or fall-tree
I'm a little confused about what the neighbor will and will not allow. What will he agree to? The two things that seem to make sense are he hires his own trimmers and you pay the bill, or he allows your trimmers to work on his side of the fence.
Leaving the tree half trimmed sounds risky, and I'm doubtful that the neighbor's refusal to allow trimming on his side is a reliable defense to his possible suit for damages if it falls on his side (although I would certainly assert that in defense).
I would suggest two things: First, hire an arborist, not just a trimmer, to look at the tree and give you a written opinion on proper care for this tree, and current risks; then give your neighbor a copy and ask him to sit down and work out a mutually-satisfactory long-term plan.
If the tree falls, it could be either your fault, his fault, or nobody's fault (an accident or act of God). If you have doen everything reasonably possible to anticipate and correct hazards, your position is stronger than if you have either neglected the situation entirely or gone ahead using untrained trimmers.
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