Legal Question in Real Estate Law in California

Re: Neighbors tree sheds leaves, twigs & other debris.

you're in luck, but not from the dollar stance but in negotiating stance. Thank God over the past 30 plus years I've had neighbors who then more than understanding since I have numerous treason hangover each side of the backyard of my property over onto their property. Any tree trimmer will tell you if you trim only a portion of the tree it could cause substantial damage to the tree itself into the property on the other side. You see if you cut the tree which is over your side of the fence it makes the tree "side heavy" like top-heavy. This could cause a danger to the tree itself and possibly kill it. But more importantly could cause the tree to cobble to the other side. Depending upon where the tree is in the house sits this could cause a potential problem for the house. The best situation is to have the tree trimmed uniformly throughout the tree. More importantly, if you get a professional tree trimmer who knows how to do it, he can do in such a way as the branches that impede on your property may be cut so that they do not grow as fast. This takes knowledge, skill and money. Get to an attorney. Have the attorney right the letter which hopefully will satisfy the other sides problem that this must be done to both sides of the tree or, your neighbor may suffer damage for which you will not be responsible since he did not wish to participate, either having his side trimmed and to or helping to pay for the trim. But you must have attorney right this letter. It's too bad he doesn't wish to cooperate as good neighbors used to do.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: Neighbors tree sheds leaves, twigs & other debris.

You have two somewhat overlapping legal concepts on your side, each a potential "cause of action" if it were necessary to sue. They are trespass and private nuisance.

To the extent the trees overhang your property, the overhanging portions are clearly a trespass. You have the right to trim at the neighbor's expense, but the problem is that if you do so and harm to the trees results, you could be liable for negligence. Far better to insist that the neighbor correct the trespass.

It's less clear that the berries, sticky substance and leaves falling onto your property are a trespass, although they arguably are.

In addition, the continuing existence of the trees is arguably a private nuisance. A private nuisance is defined as an activity or condition on a neighbor's property that unreasonably interferes with one's possessory rights. The neighbor who maintains a nuisance is obliged to abate it at his own expense and to pay compensatory damages for the harm done prior to abatement.

It sounds to me as though your neighbor's lawyer is either not fully up to speed on the applicable law, or they (neighbor and attorney) are trying to deflect your valid complaints.

My advice is to retain a lawyer who specializes in neighbor-to-neighbor problems such as trespass and nuisance, and have a reply letter written. Don't back down, don't pay and don't trim the trees yourself...you may have the right to do so, but that won't solve your problems and if anything went wrong, you could be liable.

Re: Neighbors tree sheds leaves, twigs & other debris.

You have recourse, call to discuss action.