Backyard Neighbor

[golfhog1867]

What is the name of your state? California
I have a backyard neighbor that the owner does not live in the house. They have a tree that sits on their property but the roots and the branches overhang into our yard. Can we force the owner to have the tree trimmed so it is out of our yard? If he refuses, can we do it without him suing us for damaging his tree?

Also, since the trunk and roots are now impeeding on our fence, we want to remove the wood fence and build a block wall. Can we ask the owner to have the tree removed or cut back so the roots do not uproot the wall? Can we ask the owner to help pay for part of the wall?
Thanks!

 

[HomeGuru]

What is the name of your state? California
I have a backyard neighbor that the owner does not live in the house. They have a tree that sits on their property but the roots and the branches overhang into our yard.
**A: what kind of tree has roots that overhang? Is it a large banyan species?
*****


Can we force the owner to have the tree trimmed so it is out of our yard?

**A: no, you must do the trimming on your property.
********
If he refuses, can we do it without him suing us for damaging his tree?

Also, since the trunk and roots are now impeeding on our fence, we want to remove the wood fence and build a block wall. Can we ask the owner to have the tree removed or cut back so the roots do not uproot the wall? Can we ask the owner to help pay for part of the wall?
Thanks!

**A: do you have a recent survey indicating the tree encroachment?

 

[golfhog1867]

The tree is actually a pepper tree and the roots don't overhang, just the branches. The roots and trunk are growing outward and under our current fence.

We are currently looking at getting a survey done on the property. By the city maps, our fence line looks to be in the proper location (using the measurement guidelines the city gave us).

 

[HomeGuru]

Ok.