shared tree: who should maintain?

[j5parks]

What is the name of your state?What is the name of your state?What is the name of your state? CA

hello, I bought a house in CA 18 months ago. My neighbor and I share a property fence, and there is a tree that sits directy on the property line after the fence ends. Eyeballing it, the trunk is 60-70% my side, 30-40% his. Indisputably more on my side but but indisputably straddles the property line significantly.

My neighbor, who has lived in his house for many years, says that several years ago a former owner of my house (at least 3 owners prior--I know that the last two owners were short-term) planted the tree on what is now my property. The trunk has since expanded to cross the line. He has asked me to have the tree trimmed as the branches are encroaching on his driveway (mine too).

We are on good terms and I want to be a good neighbor and do the right thing. My main thought is, why wasn't this issue dealt with years ago with the people who planted the tree, and why would I as the nth-next owner continue to be wholly responsible. The tree is mentioned nowhere in my title. I've offered to split the cost of trimming, that seems fair to me, but again I want to do what's right.

What IS right?
thanks!

 

[John Se]

Work it out in a neighborly way

you trim the tree or both do it together or if your neighbor is old and unable you should do it as a act of kindness , remember we are all part of a community, citizens, get along, work together, contribute, participate. doing thing from the kindness in you heart will always repay you double.

 

[Rich Uncle]

That wasn't a legal answer, and neither is this.... Have the tree removed. If it isn't already too big to maintain yourself, it someday will be. It will require regular expen$ive maintance, and the more it's trimed the faster it will grow. A badly located tree is a real money hole! I know, I put thousand$ into a tree before finally getting rid of it.