Full question:
My neighbor who lives behind me has trees that are growing over onto my property. The trunk of one in particular is pushing on my new fence, which, in another year, will cause it damage. It's also grown into our service lines. My fence is less than a year old. Another trees branches are literally laying on the roof of my garage. My neighbor will absolutely do nothing to remove the invaders. I've taken pictures of the damage to my property and have sent my neighbor a letter of “demand.”
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: California
Answer:
A landowner has a duty to prevent nuisances which might adversely affect the property of an adjoining landowner. Liability to an adjoining landowner for injuries resulting from the improper use of one's property has been founded upon the legal theory of nuisance. The encroachment of a tree on the land of an adjoining landowner causing damage could be held to be a nuisance and result in damages against the landowner on which the tree was located.
A landowner is generally held to the duty of common prudence in maintaining trees on his or her property in such a way as to prevent injury to his or her neighbor's property. The overhanging branches of a tree are not a nuisance per se. Real damage must be shown to result from the branches. It has been held that no landowner has a cause of action from the mere fact that the branches of an tree, belonging to an adjoining landowner, overhang his or her premises since the right to cut off the overhanging branches is a sufficient remedy. However, encroaching trees and plants may be regarded as a nuisance when they cause actual harm or pose an imminent danger of actual harm to adjoining property. In such a case, the owner of the tree may be held responsible for harm caused by it, and may also be required to cut back the encroaching branches or roots, assuming the encroaching vegetation constitutes a nuisance. .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.
