Full question:
Several years ago our neighbor built a 5-6' high cinderblock wall a foot or so in their side of the property line. They cut several limbs off of our pine trees to create clearance for the wall. However they left one limb on one of our pine trees and built their wall so that its top was just inches under the remaining limb. (This is a large limb approximately 15 inches in diameter. Now the limb and tree have grown so that the limb is now making contact with their wall. They are demanding we cut the limb at our expense so it doesn't damage their wall. We feel they should have either trimmed this limb as they did the others to allow room for their wall or they should have allowed more clearance. If the limb does end out damaging their wall who is responsible?
- Category: Trees
- Date:
- State: California
Answer:
The answer will depend who owns the trees, based on whose property they are located on. Trees may be considered an encroachment. For example, when Neighbor A's tree is alllowed to grow onto the Neighbor B's property and damage a fence, it is an encroachment on neighbor B's property. Neighbor A may be required to remove the tree. If notice of an encroachment by a tree is given there is a failure to correct the problem, resulting in damage, the tree owner may be liable for damages. A court has discretion to balance hardships and deny removal of an encroachment if it was innocently made, the cost of removal greatly exceeds the inconvenience to plaintiff, and the plaintiff is compensated for damages caused by the encroachment.
If the tree owner allows the tree to grow so that it damages neighboring property, it would be considered an encroachment onto the adjacent property. In that instance, the tree owner would be required to trim the offending tree. A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest. Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem. If the tree owner does nothing, the tree can still be trimmed. As a general rule, a property owner who trims an encroaching tree belonging to a neighbor can trim only up to the boundary line and must obtain permission to enter the tree owner's property, unless the limbs threaten to cause imminent and grave harm. Additionally, the property owner cannot cut the entire tree down and cannot destroy the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.