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And again, request that they trim the trees to stop the.
Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.
You must take into account the health of the tree before you start cutting or chopping.
Wagenseller can be contacted at or ltw wagensellerlaw.
What if the branches of the neighbor’s tree overhang into your yard? A neighboring property owner may cut back the tree limbs that overhang onto his property as long as he does not injure the tree. The same standard applies to roots which come over the property line- they can be removed but not if they will injure the tree. Needless to say, a neighbor may not go onto the adjoining property to cut down someone else’s tree. When a person cuts down a tree on another person’s property, the act of cutting the tree amounts to a trespass.
Damages are measured by the difference in value of the property with the tree and without the tree.
Similarly, acts on one land owner’s property that kill trees on a neighbor’s adjoining property can also constitute a nuisance under California law. Real Estate Attorney Jeffrey Williams can assist land owners in recovering money damages for nuisance and trespass due to cutting of trees, and the.
Although California courts recognized an absolute right to cut off once encroaching branches, property owners can now be held liable for harming their neighbor’s tree, even if they only cut the part of the tree Author: Ellis Raskin.