Am I required to cut limbs from my tree over my neighbor's property?

Full question:

I have a beautiful 100 year o pine tree in the corner of my yard and it drops a very small amount of pine needles in my neighbors yard who has recently bought the property. He want me to cut any limbs that hang over his property even though they about 40 feet up. Cutting the limbs on his side would make the tree lobsided and therefore dangerous. Am I required to cut my tree?

  • Category: Trees
  • Date:
  • State: California

Answer:

There are several factors to consider in this situation. First, whether the tree causes harm or is merely a nuisance is important. If the limbs are not causing damage or preventing your neighbor from using their property, it may not be a valid complaint.

Your neighbor may need to file a complaint in court to force you to remove the limbs, possibly seeking an injunction. You have the right to defend against such an action and present your case. Local ordinances may apply, but it is unlikely they specifically address this situation.

A 100-year-old tree deserves reasonable protection. Under California law, trees on your property belong to you, even if their roots extend into your neighbor's land (Cal. Civ. Code § 833).

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.

FAQs

Pine trees typically drop their cones in late summer to early fall. This timing can vary depending on the species of pine and local climate conditions. The cones mature and fall as part of the tree's natural reproductive cycle.