neighbors tree

[ullerboy]

We live in Campbell Ca and our neighbor has 100 pine tree that borders our property line. We received permission to trim limbs over our fence and did so. The problem is that the tree has a significant curve to it (it truly looks like huge C) and trimming any further up over our property would make an already hazordous tree top heavy and extremly dangerous. Two professenal arborist have seen the tree as well as campbell code enforcement and all agree the tree is dangerous as is. We have sent certified letters to the landlords notifying them as to how dangerous this tree is one buy arborist. The owners have basically told us they wont help and dont care. We were simply being courtious by notifying them that this tree on one of their many properties might pose a liabilty. The trees roots are also ruining our fence and deck.We would like to keep our house and cultisac nice as well as safe. Dont have the right to keep our house free from ruin?

[FlyingRon]

You're letting your emotions get involved with the legal issue.
You have no right to have them cut the tree down.
The fact that it appears bad from your side is not a justification.
You generally can not get relief from what "might" happen. If the tree fell on your house and your arborist report shows that it was known to be unstable you may have a case for negligence.

[ullerboy]

Do we also have no legal right to protect our property and home from damage being done by this tree? Roots are runing our fence and two year old deck. The sidewalks are buckling and we cant even park in our own driveway because of the pitch.

[FlyingRon]

You're changing your story. You don't have the right to argue about things that might happen. You do have the chances to mitigate damages that have or are happening. If your neighbor is not being helpful, you'll probably need a lawyer.