Legal Question in Civil Litigation in California

fallen trees

My neighbor has some huge trees that tower over my house. I have asked him to cut back the overhanging branches, as not to have property damage. Especially where my bedroom is situated below three trees. He trimed a few lower branches but nothing that will help the problem. We have lots of oak and pine trees. Is there a legal form that I may serve him to be responsible for either cutting the trees or to be fully responsible for all damage, if one of his trees should fall onto my home before the act of nature occurs? I feel if he was asked before the tree falls and he has knowledge of the concern then this would make him fully responsible if indeed it did happen .


Asked on 1/04/07, 2:47 am

3 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: fallen trees

Send your neighbor a registered letter with return receipt letting him know that he/she must cut the branches from his tree and that the tree must be cut by (set a date), and if the branches are not cut by said date, you will pay someone else to do it, and he/she will be responsible for the costs.

CAUTION: Should you hire someone to cut the tree, be sure that they have workers' compensation and business liability insurance. It is worth the extra cost in order to protect your assets.

Good luck

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Answered on 1/15/07, 7:20 pm
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: fallen trees

Dear Questioner:

1. check with your City--determine if there is an ordinace that allows the City to compel your neighbor to trim the trees for safety or other reasons. ALSO, some cities have "Oak Tree" ordinances and prevent the trimming or cutting of mature Oak trees as being "akin" to endangered species. You really need to inquire BEFORE you do any cutting or trimming.

GENERALLY, California laws allow you to trim only those branches that "overhang" onto your property.

NOTE: if you put the neignbor on notice with a certified or other writing and the tree limb falls "on its own" (no lightning, etc) and 3 years have passed, there is a probability that the neighbor's homeowners insurance may deny the claim as the Statute of Limitations (time to sue) of 3 years for property damage will have passed AFTER notice.

The good neighbor course sounds like the best.

Good luck

Sincerely,

Mark Geyer

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Answered on 1/16/07, 10:02 am
Jonathan Stein Law Offices of Jonathan G. Stein

Re: fallen trees

Why not just cut the branches that are hanging over your side of the property? If they are on your side, you can cut them. If you don't want to do this, you can serve him with a letter, via certified mail, return receipt, asking him to cut them down. That may help you, but I would not bet on it.

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Answered on 1/15/07, 3:37 pm


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