What to do if neighbor’s tree branches are hanging over the fence and the roots are causing damage?
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What to do if neighbor’s tree branches are hanging over the fence and the roots are causing damage?
The tree is so overgrown that it covers her roof and almost touches mine. The falling needles have completely killed the lawn that was once there. The roots have grown under the fence and are sprawled through my yard, so unevenly you step over them or trip. She will not acknowledge the problem whatsoever even though we have been neighbors for almost 4 years and have constantly asked her what can be done to “fix the problem”.
Asked on May 21, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Apparently in California you have to act "reasonably" when it comes to encroaching limbs and roots from your neighbor's trees. You can do nothing that would casuse the tree to be damaged or die. Generally you can cut branches that come over your fence. That comes from a landlowners rights to care for their own property. But those rights are limited here in that you must act "reasonably" in managing your land and their tree. So call a tree specialist in and get some ideas. Good luck.
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