Table of Contents
- My neighbour cut my tree in California
- What happens if I cut my neighbour’s tree down in California?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
The tree that’s rooted in your neighbour’s yard but hangs over your property or drops seeds, berries and leaves onto your driveway may feel like it belongs to you. But in the eyes of California law, it’s your neighbour’s tree, whether it extends a few feet into your yard or not. So you can place birdhouses on it and cut off the branches hanging over your roof — with one caveat: Don’t do damage to the tree in the process.
A tree that has been cut down may yield several types of damages to the landowner who has not authorized its removal. This includes damages arising from intentional interference with the tree or inadvertent acts or omissions that harm the tree, such as negligence toward the property owner.
My neighbour cut my tree in California
While laws will vary according to jurisdiction and circumstances, you can start by talking to your neighbour about the issue. Try to stay calm and civil. Don’t make demands that you cannot enforce. It may be a good idea to meet again in person rather than talk only on the phone or via email, which can sometimes exacerbate tensions. If you are unable to resolve the dispute on your own, consider hiring an arborist or surveyor who can give an impartial opinion of any trees that might be at stake. Finally, there may be legal options available to address a tree removal without permission: contacting the local government (such as a city arborist), filing a lawsuit known as nuisance or trespass, or asking your county sheriff or state attorney general’s office for help.
My tree branches overhang my property in California
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My neighbour damaged my tree on my property in California
If the tree damages your fence, or your neighbour’s property, or poses a threat to people or other property, you can ask that the court order your neighbour to trim the overhanging branches. If a branch breaks off and causes damage on its way down, California law means that it is no different than if your neighbour threw the branch at your car. You would be entitled to sue for compensation for property damage that California laws allow you to recover.
I hope you can help with my neighbour’s trees that are maintained on my property. The tree is partially hanging over the fence and into my yard. The roots are also growing into my property and I think they are causing a problem with several trees that I have planted on my side of the fence. I don’t want to cut the roots, so how do I resolve this issue?
Someone cut a limb off my tree that was overhanging the fence and placed it behind the fence on their property. The tree died from the damage. I have contacted them about this issue, but they refuse to remove it. Am I entitled to have it removed?
My neighbour’s tree roots or branches damaged my property in California
Tree roots naturally expand and grow into the ground. Many cities prohibit homeowners from trimming tree roots that are within a city right of way (sidewalk, alleyway, etc.). If you have damaged property due to your neighbour’s tree roots, especially in a city right of way, you can file a claim against your neighbour. It is important to hire an experienced real estate lawyer because these cases can be complex and require creative legal solutions.
Can my neighbour make me cut my tree?
In California, a property owner is required to trim any tree that hangs over the neighbour’s property. A property owner who trims trees on his or her neighbour’s land without getting consent may have to pay for damages. If the neighbour does the work himself, he has to do it properly; otherwise, he can be liable for the resulting damage that might take place.
In most cases, California law gives property owners the right to decide whether or not a tree on their property should be trimmed or removed. As long as you are acting in good faith, this is considered a matter of personal preference and is therefore outside of a neighbour’s legal jurisdiction.
How can I get my neighbour to cut his dead tree in California?
Neighbours’ rights, as you may know living in California, everyone has a right to enjoy their property. This includes the view from their home and not having to stare at a dead tree every day. If your neighbour is open to discussion, you may want to try expressing what you feel and see from his dead tree. Maybe sit down and have an open honest dialogue concerning the health of his tree and your thoughts on what should be done with it. In California, private citizens can do this kind of problem-solving in person through their Community Association Network (CAN). This can work in California too. Dealing face to face with someone is the best way to make them understand the situation. However, sometimes people don’t want to hear what you have to say or listen to your reasoning, so if sitting down with them doesn’t work recce for alternative options or contact your local city hall for assistance or insight on what steps can be taken to lawfully remove a dead tree.
If it looks like it is threatening to damage your property, the neighbour’s liability insurance would probably cover it if it is fully dead and rots. You may be able to convince him that he has something to lose along with his pride. I’d recommend calling the insurance company providing evidence and asking their opinion. You have a strong position here since you will avoid litigation
What happens if I cut my neighbour’s tree down in California?
There are many reasons why a person may need to cut down her neighbour’s tree. You may need to remove it to build a new house or another building. You may want to clear some land for farming. Whatever the reason, it is usually legal for you to cut down the tree on your property, regardless of whether or not it is overhanging onto your land.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
As much as you and your neighbour have agreed to. If there is not a written agreement, then you can sue your neighbour for cutting the tree down, but your damages are likely to be limited to the cost of replacing the tree.
Minimal damages are the reasonable cost to replace minus depreciation… but it can be more. It goes to how much reasonable search was required to locate a replacement tree.
Usually, the tree is considered part of the real estate and you would receive the fair market value for it.