M neighbor's ivy grows half way across my property. He says that is my problem. I am 83 years old and recovering from cancer surgery. I cannot take it out myself, and feel that I should not have to pay someone to clean up his mess. He says "So sue me". What are my legal rights and what can I do?
3 Answers from Attorneys
Unfortunately, your neighbor is probably right. While "trespass by plant life" is indeed a form of trespass to land, the long-established law as decided by the California courts limits the victim's remedies to cutting the offending vegetation at the property line. Further, you have to do it at your own expense. This makes it an exception to the general law of trespass to land.
I agree with Mr. Whipple.