If neighbors plant large trees just off of your property lines and the treesdrop leaves inyour pool causing damage to pool equipment, what areyour rights?

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If neighbors plant large trees just off of your property lines and the treesdrop leaves inyour pool causing damage to pool equipment, what areyour rights?

We moved in to our new track home in 2003. All of the homes had unfinished backyards. In 2005 we built a pool and landscaped our backyard with palms and evergreens to avoid pool issues. The surrounding homes did not have trees on the property line prior to the pool being built. Since then 2 of the properties have planted several large trees (with very poor placement) that are encroaching on my property and are dropping debris in my pool which broke my pool vacuum, has added extra cost for pool chemicals, and has added hours of cleaning. Do I have any other legal rights other than trimming?

Asked on April 15, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule is that you can not any damage to a tree that is owned by your neighbor or anything to the tree that will cause it any damage or that will cause it to die.  But you can absolutely trim back the tree limbs that encroach on your property.  And that means any of the limbs that over hang on your property.  If the tree itself is encroaching on your property line then you may have a claim for removal.  But one would need to look at the situation - literally - and see what is going on.  If the latter is the case seek some legal help in your area.  In the meantime, trim away.  Good luck.


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