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How can we get a neighbor to cut their tree down.

} In the case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. You must take into account the health of the tree before you start cutting or chopping. Aug 28, Specifically, the law in California states that if roots encroach under or onto adjacent property, there is a trespass and the affected neighbor can the cut roots if they cause damage.

On the other end of the spectrum, branches can also be a significant issue.

Branches can also be hazardous and damage one’s stumpfelling.clubted Reading Time: 3 mins. Dec 15, [Miller & Starr, California Real Estate (4th ed. ) § ] If the branches of a neighbor’s tree are hanging over your property, you can remove those portions that hang over your property, whether or not pruning arborvitae trees, Sachse TX cause damage.

However, you cannot cut the branches beyond the property line. Remedies for encroaching roots are less stumpfelling.clubted Reading Time: 5 mins. Mar 25, Patel, Patel (the neighbor) hired a contractor to remove the roots from the large Monterey pine his neighbor (Booska) owned. Patel claimed the roots had started to damage concrete around his property. The contractor dug a 3′ trench along the property line, effectively severing a significant portion of roots needed to survive.

Sep 12, If the trunk of a tree is located in your neighbor’s yard, but branches extend onto your property, the neighbor is the legal owner of the tree.

How can we get a neighbor to cut their tree down, if the roots are damaging your new driveway?

That means you can’t cut it. 15 million to buy the property of his downhill neighbors so that he could cut down trees that blocked his views of the San Francisco Bay.6 Ellison and his neighbors ultimately signed an undisclosed settlement, and the downhill neighbors agreed to remove the trees.7 These stories are not unique- Californians have been fighting about. Aug 03, When a Neighbor Kills Your Tree By Digging.

FindLaw says, “Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner’s permission is liable for compensating the tree owner.” This can happen accidentally if your neighbor digs in their yard where some roots from your tree are spreading underground, then uses herbicide. However, where the roots of a tree encroach on land owned or occupied by you, you are entitled to chop back the roots to the boundary line.

You do not need to obtain the tree owner’s permission before removing encroaching tree roots, although if you do intend to do this, you should inform the tree.

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