What to do if neighbor’s tree branches are hanging over the fence and the roots are causing damage?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if neighbor’s tree branches are hanging over the fence and the roots are causing damage?

The tree is so overgrown that it covers her roof and almost touches mine. The falling needles have completely killed the lawn that was once there. The roots have grown under the fence and are sprawled through my yard, so unevenly you step over them or trip. She will not acknowledge the problem whatsoever even though we have been neighbors for almost 4 years and have constantly asked her what can be done to “fix the problem”.

Asked on May 21, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

Apparently in California you have to act "reasonably" when it comes to encroaching limbs and roots from your neighbor's trees.  You can do nothing that would casuse the tree to be damaged or die.  Generally you can cut branches that come over your fence.  That comes from a landlowners rights to care for their own property.  But those rights are limited here in that you must act "reasonably" in managing your land and their tree.  So call a tree specialist in and get some ideas.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption