Neighbors Tree

[borg60]

What is the name of your state?California
Our neighbors tree (not sure what kind it is) constantly has debris falling into our yard. It has these feathery like things (in addition to leaves) that fall on our plants, pool, and spa. It clogs up our pool filter and if not cleaned out daily, can possibly burn out our motor. My plants are covered with the stuff and are dying. It difficult to clean it out because we have bark in the retaining wall area. Part of the tree hangs over our property. We have written the neighbor a letter asking to please trim the tree and provided pictures of the mess in our yard. We have asked to take care of issue within a month. If there is no response, what legal rights do we have?

Thank you.

 

[danno6925]

I live in PA, and the way it works here is this - Anything encroaching upon my property line is considered mine. Meaning, if your tree extends over my property line, I can chop off anything that hangs over that line.

If this holds true in California, whack that tree right back to the property line with a chain saw! That cost would be on you though. Speaking of cost, it doesn't sound like you have suffered any losses due to this yet, but are concerned about future costs?
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The above text does not constitute Legal Advice, but is simply one man's opinion.

 

[borg60]

Neighbor's Tree

Well, as high as the tree is (the portion that hangs over our side), I would have to hire someone to cut it. And no, I have not had any damages so far but have concerns about our pool filter. It just frustrates me that I would have to pay for their tree. I've already paid to replace the fence.

 

[rmet4nzkx]

You may appropriately prune the tree to the property line as long as that does not damage or kill the tree. The best way to do this is to hire someone to do this who is trained because some trees should only be pruned at certain times of the year, do not take a chain saw to it if you don't know what you are doing! If it is just a nuisance, continue to clear debries from your pool, try a blower or light rake to clear the rest as trimming the one branch won't completely solve your problem. You might ask your neighbor to do this, but it isn't their responsibility per se.