Tree in easement

[lop45]

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

Hello,
There is a tree in the easement between my house and my next door neighbors'. The neighbor next door has a guest house that is right next to the tree, and apparently as the tree has aged is growing against the structure and causing damage to it.
I've lived in my house for over 10 years and the guest house was there when I moved in. And the tree has I'm sure been there way before the guest house was built.
Anyway, the neighbor has gone to my tenant to complain (I am out of town on business till at least end of year). They have asked that I arrange for removal of the tree.
Can this really be my responsibility? The guest house and tree are both probably right on property line. If the tree is invading their property wouldn't it be their responsibility then? What if more damage occurs to property while the tree is removed? It doesn't feel right to me that they are asking for me to arrange and pay for the tree removal.
By the way, the easement is on my property (not owned by utility) and used by the neighbor who lives behind me, for access to their house.
Advice will be much appreciated. thank you.What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

Can the tree be trimmed to prevent damage?

 

[lop45]

Unfortunately no, it's the tree trunk that is/has grown into/against their guest house structure.

 

[justalayman]

If the tree is invading their property wouldn't it be their responsibility then?

what would you want them to do, slice off a slab of the tree on their side so it doesn't touch the house?

the first thing you need to do is find out where the property line is. You or they may be very wrong as to where the tree lies in relation to the property line and it could change everything.

If the tree is on the line, they cannot cut down a tree or even trim it to the point it would harm the tree. The would have no right to do anything to the tree that lies on your side of the property line. Due to both of those reasons, it is your responsibility to remedy the problem.

 

[lop45]

what would you want them to do, slice off a slab of the tree on their side so it doesn't touch the house?

I woudln't want them to slice a slab of trunk as I imagine that would kill the tree (?),
From what I've read on the internet, if the trunk of the tree is in both of our yards the tree belongs to both of us, and can't be removed unless we both agree.
Considering that the trunk is what is invading their guest house, wouldn't it be reasonable to assume that the tree it at least partially theirs (assuming their guest house is not invading my property).
If so, I am happy to allow them permission to remove the tree at their expense. I don't want any part of the removal or any responsibiity for any potential damage created by it's removal but I can live without the tree.
It seems to me it's their issue?

 

[NC Aggie]

Well first thing's first....the easement and its use is irrelevant in this situation. If the tree is in the easement and the easement runs through your property as you indicated, it's your tree. But like someone suggested, I would determine where exactly the property boundary lies and the tree in relation to this property line. If the tree lies within your property boundary, you would of course be responsible for removing it under normal circumanstances. However, because it appears your neighbor's guest house was built close to the property line, I would verify that it's not built within an offset.

 

[divona2000]

...a tree in the easement between my house and my next door neighbors'...guest house and tree are both probably right on property line...

...the first thing you need to do is find out where the property line is. You or they may be very wrong as to where the tree lies in relation to the property line and it could change everything...

...I am happy to allow them permission to remove the tree at their expense. I don't want any part of the removal or any responsibiity for any potential damage created by it's removal...

Get that survey done, and then decide who is responsible for the tree removal...but with the structures so close, no matter who ends up paying for them, make sure the cutting/removal service is licensed/bonded/insured.

 

[lop45]

Thanks for the response. May I ask why you mean by offset?
From what I've read,
If the tree trunk is on their land, then it's partially their tree.
If I hire a surveyor they will either determine that the tree trunk is partially on their land, or if not, that their guest house is on my land. Either way I see it as their problem (?)

 

[LillianX]

Dude. If your previously normal sized tree grew over their property line, it's still your tree.

 

[OHRoadwarrior]

I would also investigate the zoning of the guest house. If they built it to close to the line, their negligence caused the problem. I would also make the argument the guest house was improperly built, so close to the tree.

 

[NC Aggie]

May I ask why you mean by offset?...

Many jurisdictions require a specified setback from the property line when erecting a permanent structure. If your neighbor built within that setback, then it could be argued that they were negligent, and therefore may be responsible for the costs to remedy the issue.

 

[csi7]

Have a legal easement survey so that you know exactly where the easement is, where the property line is, and the exact distance of the guest house to the property line, easement line, to help you determine the exact location of the tree.
The guest house is probably not within building code requirements. That issue may make it easier for you to push the cost onto the neighbor for the tree removal.
You can always have a free tree removal estimate done and when you get the estimate, make sure to ask what danger clause costs to have added to the tree removal, if necessary, due to the location of the guesthouse.

 

[lop45]

Thanks very much for your helpful responses. The property law does state a minimum 3-5 foot set back so they are either in violation of this, or the tree is solely on their property. The tree trunk literally brushes against their guest house (which is what they are complaining about). The tree's been there for decades and has been like this the 10 years I've lived there and 3 years they have. I'll let them do the survey if they want!

 

[OHRoadwarrior]

Thanks very much for your helpful responses. The property law does state a minimum 3-5 foot set back so they are either in violation of this, or the tree is solely on their property. The tree trunk literally brushes against their guest house (which is what they are complaining about). The tree's been there for decades and has been like this the 10 years I've lived there and 3 years they have. I'll let them do the survey if they want!

I would advise them the tree is either theirs or they violated zoning by improperly locating the building then. Suggest they can feel free to pay for removal of the tree, or pay to determine which liability they are responsible for.

 

[drewguy]

I would advise them the tree is either theirs or they violated zoning by improperly locating the building then. Suggest they can feel free to pay for removal of the tree, or pay to determine which liability they are responsible for.

Agreed. Sounds to me like OP doesn't want to pay for the removal of a tree that's not harming him, but may be harming his neighbor. Seems like a reasonable position to take, and it seems entirely reasonable to give them permission to remove the tree. I would insist that they remove it properly and have the stump ground as well, not just cut it off so it stops growing.