Can I cut my neighbors hedge?

[beb1776]

My neighbor has a privet tree hedge along our shared fence line that is far taller than both the city code and our subdivision CC&R's allow. Both allow for 6', the hedge is easily 18-20 feet tall. It blocks our view (we live in an area where that is meaningful), keeps light out of our yard, and drops berries that stain and cause volunteers to pop up everywhere.

He refuses to cut them to a reasonable height, and even flipped out when I cut back the branches that overhang into our yard to the fence line. He says he wants privacy, but as his yard and home are below ours (we're on a hillside) that would only be accomplished by a ~8' hedge. The privets are so tall that they don't grow at all at this level as they compete with each other for light and only really grow vertically. They're simply the wrong trees.

I have sent him several emails that he has not replied to. One cited the city code and the CC&Rs, another proposed a couple potential solutions (cut the trees down and replace with a taller fence and/or appropriate plants that would grow to 8'), even indicating I'd help with the cost.

I have asked the city and our POA to get involved, but I don't believe either has enforcement authority or interest. At the least, I hope to get each to issue some sort of notification to my neighbor that he is in violation.

If I get those and he doesn't do anything, I know I can sue him but that's a pain. Can I reach over the fence and cut them down (or at least cut one or two to make a point)? I know I'm not supposed to, but if he's been notified that the trees are illegal yet does nothing about it how can he claim damage?

I understand that picking a fight with a neighbor isn't the best thing to do but am looking for all my options. He's clearly in the wrong here.

 

[Just Blue]

My neighbor has a privet tree hedge along our shared fence line that is far taller than both the city code and our subdivision CC&R's allow. Both allow for 6', the hedge is easily 18-20 feet tall. It blocks our view (we live in an area where that is meaningful), keeps light out of our yard, and drops berries that stain and cause volunteers to pop up everywhere.

He refuses to cut them to a reasonable height, and even flipped out when I cut back the branches that overhang into our yard to the fence line. He says he wants privacy, but as his yard and home are below ours (we're on a hillside) that would only be accomplished by a ~8' hedge. The privets are so tall that they don't grow at all at this level as they compete with each other for light and only really grow vertically. They're simply the wrong trees.

I have sent him several emails that he has not replied to. One cited the city code and the CC&Rs, another proposed a couple potential solutions (cut the trees down and replace with a taller fence and/or appropriate plants that would grow to 8'), even indicating I'd help with the cost.

I have asked the city and our POA to get involved, but I don't believe either has enforcement authority or interest. At the least, I hope to get each to issue some sort of notification to my neighbor that he is in violation.

If I get those and he doesn't do anything, I know I can sue him but that's a pain. Can I reach over the fence and cut them down (or at least cut one or two to make a point)? I know I'm not supposed to, but if he's been notified that the trees are illegal yet does nothing about it how can he claim damage?

I understand that picking a fight with a neighbor isn't the best thing to do but am looking for all my options. He's clearly in the wrong here.

What state?

 

[beb1776]

What state?

California. I am aware of the Fulle vs. Kanani that has mandatory damages for cutting a neighbors trees, but don't know if this would apply if the trees are illegal.

 

[quincy]

Yes, it is illegal. You should not cut hedges that are not on your property. There are legal avenues you can explore.

 

[Zigner]

Twice you have stated a conclusion (that the trees are "illegal"), but you haven't provided a reason why you believe they are "illegal". If you believe it is a code violation, then report it to the city. If the city doesn't have "enforcement authority", then it's not illegal (insofar as the city is concerned).

 

[quincy]

Twice you have stated a conclusion (that the trees are "illegal"), but you haven't provided a reason why you believe they are "illegal". If you believe it is a code violation, then report it to the city. If the city doesn't have "enforcement authority", then it's not illegal (insofar as the city is concerned).

The height apparently violates both city code and CC&Rs.

 

[beb1776]

Twice you have stated a conclusion (that the trees are "illegal"), but you haven't provided a reason why you believe they are "illegal". If you believe it is a code violation, then report it to the city. If the city doesn't have "enforcement authority", then it's not illegal (insofar as the city is concerned).

The city has confirmed that the hedge is in violation of its code (something I hope they will formalize), but then went on to say "Issues related to trees that overhang property lines are a civil matter that is handled between property owners, and/or their representation. City staff is not authorized to advise you in these matters. However, there are numerous publications available online, or at the library, that address neighborhood/property law that you may find helpful." I'm not sure if this applies precisely as this isn't about overhanging, it's about height.
POA has confirmed the violation of the CC&Rs (again I am working to formalize) but won't do much other than try to mediate (something that has failed before). There is no HOA with dues, etc.

So while the City seems to have authority, doesn't seem like they have much interest in the matter.

 

[PayrollHRGuy]

The city has confirmed that the hedge is in violation of its code (something I hope they will formalize)...

If they are a violation of code then it has been formalized. If it is a violation of the POA's CC&Rs then again it must have been formalized in the CC&Rs.

When the city told you what you put in bold above it clearly indicated that you and they were not on the same page because they are talking about overhanging trees and you aren't.

If you want the trees gone sue the neighbor.

 

[quincy]

The city has confirmed that the hedge is in violation of its code (something I hope they will formalize), but then went on to say "Issues related to trees that overhang property lines are a civil matter that is handled between property owners, and/or their representation. City staff is not authorized to advise you in these matters. However, there are numerous publications available online, or at the library, that address neighborhood/property law that you may find helpful." I'm not sure if this applies precisely as this isn't about overhanging, it's about height.
POA has confirmed the violation of the CC&Rs (again I am working to formalize) but won't do much other than try to mediate (something that has failed before). There is no HOA with dues, etc.

So while the City seems to have authority, doesn't seem like they have much interest in the matter.

You apparently failed to describe adequately to the city the code violation, if the city believed you were speaking of overhang rather than height.

What cities generally do with code violations is notify the homeowners of the violations and give them time to comply.

 

[Zigner]

So while the City seems to have authority, doesn't seem like they have much interest in the matter.

To distill what PayrollHRGuy said...it really doesn't seem that the city has authority.

 

[quincy]

If it actually is a code violation, the city has the authority to act.

 

[Taxing Matters]

Can I reach over the fence and cut them down (or at least cut one or two to make a point)? I know I'm not supposed to, but if he's been notified that the trees are illegal yet does nothing about it how can he claim damage?

He can claim damages because the trees are his property and you damaged/destroyed them. The fact that the tree height violates the city Code is an issue between him and the city. It does not give you a right to take matters into your own hands and chop down his trees. He could sue you for damages and the state might prosecute you for a crime out of it, too. That's the risk you run taking that course of action. I suggest that risk is not worth it here.

Yes, suing him is more time consuming and more expensive than you just removing the trees yourself. But that is the route that the law provides you for this. After all, he ought to have his day in court before anyone starts destroying his property, don't you think? If the roles were reversed, wouldn't you be really upset that someone just chopped down your trees without any legal authorization? I know I'd be very angry at you for that if you were my neighbor, and I'd be sure to bring the legal hammer down on you as much as I could. I'd sue and I'd make a complaint to the police and DA to try to get you criminally prosecuted if it were me. I'd not be surprised if your neighbor had the same reaction.

 

[bcr229]

Have you approached the POA (HOA?) board members or the management company personally to ask if they're planning on doing anything about the violation? It's fairly easy to ignore emails.

 

[Zigner]

Have you approached the POA (HOA?) board members or the management company personally to ask if they're planning on doing anything about the violation? It's fairly easy to ignore emails.

The OP addressed this:

POA has confirmed the violation of the CC&Rs (again I am working to formalize) but won't do much other than try to mediate (something that has failed before). There is no HOA with dues, etc.

 

[beb1776]

Have you approached the POA (HOA?) board members or the management company personally to ask if they're planning on doing anything about the violation? It's fairly easy to ignore emails.

Yes - it's just a POA and they've said that they'd help try to mediate but would not go beyond that. At the least I want them and the City to formalize the violation ( and by that I mean provide me and my neighbor with some formal notice that he is in violation) - I think they'll do this.