Legal Question in Real Estate Law in California

The trunk of my next door neighbor's tree is fully on their lot but very close to the property line. It is an unhealthy tree according to an arborist assessment. It's unhealthy state attracts white flies which leave a black and very sticky mess. We are down wind of the tree and this mess drifts onto our property coating our plants, hardscape, and furniture. We have even gone so far as to trim all branches that hang over the property line (with property owner permission) to try and solve the problem. They are willing to split the cost to have the tree treated. I believe it is their responsibility to maintain a healthy tree at their expense. Does tree law or any other law mandate this responsibility?


Asked on 2/05/14, 8:25 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This would probably be addressable in court via a lawsuit claiming "private nuisance," but I think overall you are probably better off to settle for splitting the cost of having the tree treated.

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Answered on 2/08/14, 11:55 am


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