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Neighbor dispute over tree

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C

CxMaverick

Guest
What is the name of your state? Ca.

I have a tree in my front yard which 2-3 years ago the roots began to push against the block wall between my neighbor and I. The wall is 30 years old and I originally installed the wall and my neighbor only paid a portion of the cost.

I cut all the roots by the wall and poured a concrete barrier three feet below grade between the tree and the wall and there has been no further damage to the wall since.

My neighbor then began to complain about the branches overhanging his property, and I informed him that he could and had the right to cut them back to the property line.

My neighbor though began to insist that the tree had to be cut down and would nothing else would satisfy him. I even offered to trim the tree back at my own expense.

My neighbor is now sueing me for loss of quiet enjoyment of his property, loss of use of his property, and for so called "Structural Damages" to his property and is even seeking punitive damages because I have failed to remove the tree. He is also seeking a restraining order which "ORDERS" the REMOVAL of the tree and damages repaired despite the fact that he and his attorney refuse to even tell me what damages they are talking about.

There are no visible damages to anything other than the original cosmetic damage to the block wall.

Based upon everything that I know about this, he is responsible for trimming any branches or trees that extend over the property line and I am not responsible for the growth of the tree or roots on his property.

What are my rights here?
 



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