Legal Question in Civil Litigation in California

Neighbor's Hazardous Tree

What options do I have as a private property owner to force a landlord who owns property adjacent to mine to trim or prune a tree on his property that is creating a hazardous condition to mine? It has already done minor damage to my property previously that I have repaired. I have already sent him 3 registered letters politely asking him to prune this tree which he has ignored. The last letter was signed by myself and two other neighbors who are also affected. Thank you for you assistence.


Asked on 7/29/02, 6:18 pm

3 Answers from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Neighbor's Hazardous Tree

Besides trimming the tree you can also seek an action in small claims court for trespass/nuisance.

Have a nice day-Martin.

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Answered on 8/06/02, 12:44 pm
D. Alexander Floum, Esq.

Re: Neighbor's Hazardous Tree

You may have to file a complaint for damages and declaratory relief. That may be the only way to get his attention.

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Answered on 7/29/02, 7:09 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Neighbor's Hazardous Tree

You have the legal right to trim that portion of the tree that crosses your property line. You must do it in a way that does not damage the tree. but you can legally do it. Same for your neighbors.

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Answered on 7/29/02, 7:11 pm


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