Legal Question in Real Estate Law in California

Re: Tree

Your neighbor is responsible for maintaining it as it is his tree. Can you cut it? That's a different question. You may reasonably trim the tree back to the property line if doing so will not damage the tree. What I generally recommend is that you contact the neighbor - in person or in writing - and attempt to resolve the issue. Explain to the neighbor that the tree is impacting you for whatever reasons it is, and that you would like to have him trim it back. If he refuses, put in writing that you intend to trim the tree back to the property line if he does not, and then consult with a tree trimmer (preferrably an arborist) to determine if doing so will damage the tree. Get an opinion in writing from the tree professional. If it will not, give the neighbor a deadline, then have it trimmed back professionally. If it will damage the tree, then you need to consult with an attorney about the next step.

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