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Hanging branches

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missymac13

Junior Member
What is the name of your state (only U.S. law)? California

My new neighbor recently "trimmed" his tree, resulting in having a very large branch fall on his own house. Subsequently, the tree in question has been left unstable, and is leaning over the fence, toward my house. The largest branch is touching my roof, the tree leans more daily, and on windy days the entire tree looks ready to fall on me, my house, and my car. I have asked the neighbor to rectify the situation, I have had my landlord speak with the neighbor, and have reported it with the city, all to no avail. What recourse do I have, as a renter? It is clearly a matter of time before the tree falls on me and my property, and it is also clear that my neighbor intends to do nothing until the inevitable happens, is there any way to avoid having my house, car, and property destroyed, or am I stuck simply suing him after the fact?
 


justalayman

Senior Member
as a tenant, are you responsible for yard maintenance for your residence? if so, you can trim the tree on your side of the property line.

If you are not responsible for the property, send a certified letter to the neighbor advising him if the possible danger his tree poses to you and your property.

Other than that, about all you can do is wait until something happens. Although since you are aware of the tree, if you park where the tree falling would harm your car, you could be considered as having contributory negligence as you did not take actions available to you to limit your damages.
 

Zigner

Senior Member, Non-Attorney
Don't only send the certified letter to the neighbor, send it to the LL as well. Furthermore, I suggest you confirm that your renters insurance is in full force and is adequate to cover any losses that may result from damage caused by the tree.
 

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