Neighbor threatening to trim my trees

[rigaton]

The back yard of my house in Los Angeles has 2 big cypress trees that are about 6'' from the 6' tall block wall on my side. THE trees are approximately 50' tall and grow straight as a string. THEY do not grow into my neighbor's yard; they do not have branches.

My neighbor of 2 years has been telling me that she will split the cost of chopping the trees down to the top of the wall. She hates the trees because they shed their needles into her yard, as they do mine. I have told her firmly that I do not want the trees cut.

On Tuesday when I returned from the market, I saw my neighbor and a tree contractor standing in my back yard. HE told her that the job would cost well over $2000. She said that she would think about it. I glared at them as they left, but held my tongue.

She told me yesterday at my front door that the job is to be sometime this week. I told her again that those trees must not be touched, except if they grow onto her property. I have heard over the years that the law entitles neighbors to trim encroaching trees, but only from their property and they must not damage the tree. I am not sure if I am correct about the law.

She said that the trimmer will chop both trees to the top of the wall from MY YARD! I told her that I would notify the police immediately if he steps foot on my property. She said that I should consider myself lucky that she is not asking me for 1/2 of the cost; I replied that the issue of money is moot at this point.

Do I have a right to stop her and the trimmers from entering my property, short of using force, and then, if I succeed, from trimming my trees from HER property? To my way of thinking the neighbor and contractor trespassed onto my property last week and if he and his crew trim, especially top, my trees, then they are vandalizing my trees/property and perhaps destroying my private property.

Many people say that neighbor disputes are usually civil matters. IS this issue, if it comes to fruition, a criminal one that the police would respond to?

I would have predicted that a contractor would have been smart enough to ensure that the person who owns the trees agreed in writing before a job was started, but I see now that I would have been wrong. The trees, if cut improperly or a wind arises, might very well fall and damage my house or hers. Although I do not consent to the trimming, am I liable for damages in case of accidents? She has the contract with him, but the trees are on my property; moreover, if one of his crew members comes on my property and falls or gets injured in some way, am I liable despite his not having my authorization?

I have a doctor's appt on Friday. I hate to think that I might come home 2 hours later and see that the trees have been butchered. I never thought that I would have to stay home 24/7 to monitor what happens in my back yard. If I am home and he shows up, should I confront him and tell him to cease and desist or something similar? Maybe I should alert the other neighbors of the situation and ask them to stand guard.

THANKS

 

[Just Blue]

The back yard of my house in Los Angeles has 2 big cypress trees that are about 6'' from the 6' tall block wall on my side. THE trees are approximately 50' tall and grow straight as a string. THEY do not grow into my neighbor's yard; they do not have branches.

My neighbor of 2 years has been telling me that she will split the cost of chopping the trees down to the top of the wall. She hates the trees because they shed their needles into her yard, as they do mine. I have told her firmly that I do not want the trees cut.

On Tuesday when I returned from the market, I saw my neighbor and a tree contractor standing in my back yard. HE told her that the job would cost well over $2000. She said that she would think about it. I glared at them as they left, but held my tongue.

She told me yesterday at my front door that the job is to be sometime this week. I told her again that those trees must not be touched, except if they grow onto her property. I have heard over the years that the law entitles neighbors to trim encroaching trees, but only from their property and they must not damage the tree. I am not sure if I am correct about the law.

She said that the trimmer will chop both trees to the top of the wall from MY YARD! I told her that I would notify the police immediately if he steps foot on my property. She said that I should consider myself lucky that she is not asking me for 1/2 of the cost; I replied that the issue of money is moot at this point.

Do I have a right to stop her and the trimmers from entering my property, short of using force, and then, if I succeed, from trimming my trees from HER property? To my way of thinking the neighbor and contractor trespassed onto my property last week and if he and his crew trim, especially top, my trees, then they are vandalizing my trees/property and perhaps destroying my private property.

Many people say that neighbor disputes are usually civil matters. IS this issue, if it comes to fruition, a criminal one that the police would respond to?

I would have predicted that a contractor would have been smart enough to ensure that the person who owns the trees agreed in writing before a job was started, but I see now that I would have been wrong. The trees, if cut improperly or a wind arises, might very well fall and damage my house or hers. Although I do not consent to the trimming, am I liable for damages in case of accidents? She has the contract with him, but the trees are on my property; moreover, if one of his crew members comes on my property and falls or gets injured in some way, am I liable despite his not having my authorization?

I have a doctor's appt on Friday. I hate to think that I might come home 2 hours later and see that the trees have been butchered. I never thought that I would have to stay home 24/7 to monitor what happens in my back yard. If I am home and he shows up, should I confront him and tell him to cease and desist or something similar? Maybe I should alert the other neighbors of the situation and ask them to stand guard.

THANKS

Yes, of course, you have a right to stop your neighbor from trespassing onto your property and butchering your trees! Place a "NO TRESSPASSING" sign up at all entrances to your property/yard. I would also file a complaint with the local police and request that they also give her a trespass notice. That way if she does ignore you and enter your property again she can be arrested/cited. If the police blow you off stating that it is civil matter, have your attorney send her notice for both she and her agent to stay off your property.

As an aside: It is absolutely outrageous that this woman would have the temerity to bring an arborist on your property like that.

ETA: Is it the same neighbor from last year?

R

Post in thread 'neighbor's trash/debris intentionally put on my property'

Oct 12, 2025

thanks. I do my own gardening, but for me to clean up my yard 1 day and then see it soiled week after week creates more work for me. I also admit that I expect the gardener to go out of his way to blow dirt, etc. onto my property next week for spite.


I will talk to my neighbor/his employer, as you suggested. THe neighbor is at work when it happens, so he does not know, unless he has a vidcam for security, but even then I doubt that he watches the whole tape of what happened during the 8 hours that he was gone. For all I know, he may side with the gardener. People in LA seem to lack...

• rigaton

 

[paddywakk]

Why didn't you speak up when the tree contractor was there to tell him the trees are not to be cut and he's not allowed on your property?

 

[zddoodah]

She hates the trees because they shed their needles into her yard

What steps have you taken to remediate this nuisance?

I have heard over the years that the law entitles neighbors to trim encroaching trees, but only from their property and they must not damage the tree. I am not sure if I am correct about the law.

That is correct.

Do I have a right to stop her and the trimmers from entering my property, short of using force

How exactly would you propose to do that?

To my way of thinking the neighbor and contractor trespassed onto my property last week and if he and his crew trim, especially top, my trees, then they are vandalizing my trees/property and perhaps destroying my private property.

I agree. Do you know the name of the contractor? If so, you should consider hand-delivering a written notice that, if it proceeds with the work, you will seek appropriate legal remedies.

IS this issue, if it comes to fruition, a criminal one that the police would respond to?

Trespass and destruction of property are crimes. No one is in a position to predict how the unknown division of the LAPD that covers your neighborhood will react in a hypothetical situation.

Although I do not consent to the trimming, am I liable for damages in case of accidents?

I don't understand the question. An "accident" isn't a thing that has a legal definition. Determining whether you have or might have legal liability in a given set of circumstances requires knowing all the facts and circumstances.

if one of his crew members comes on my property and falls or gets injured in some way, am I liable despite his not having my authorization?

Depends on the specific facts and circumstances.

If I am home and he shows up, should I confront him and tell him to cease and desist or something similar?

If I were you, I'd reach out to a local attorney for assistance.

 

[rigaton]

THANKS. I can buy such a sign as "No TRESPASSING" at a hardware store, I am sure. I will do so posthaste.

YOUR suggestion of striking a pre-emptive blow by reporting the neighbor to the POLICE suits me fine; however, I wonder if the LAPD would take such a report, as it is merely speculative. In any case, I have nothing to lose by going down to the station and talking the matter over with a sergeant or somebody.

I do not have an attorney, but I am beginning to think that I need one. I have lived in this house for 60+ years, since I was a child. TIMES have changed, though, and the new people on the block have no respect for the older ones and have no knowledge of what is right/legal and what is not; plus, as you said, she has gall.

No, the other neighbor from last year lives directly to the north of my house. This neighbor lives directly to the south. I spoke with the neighbor AND his gardeners and the problem stopped. THE gardener now stands on the edge of my property and blows everything away from my place.

Maybe the neighbors think that I am a pushover because I am much older than they are. I might investigate the idea of telling the DPSS about it, as the case might be elder abuse.

 

[rigaton]

Why didn't you speak up when the tree contractor was there to tell him the trees are not to be cut and he's not allowed on your property?

I was eating breakfast and did not want to go outside to make a big scene. I could see that he did not have his crew with him; in other words, he clearly was just giving an estimate and I figured that right then was not the time to confront him. I likely should have, but things worked out well.

THE following night at 6 p.m. the contractor showed up to ask me why I expect him to trim the trees from her property. I told him firmly, "YOU are not to touch those trees."

He asked why. I said, "THEY are my trees and were planted by my mom over 50 years ago.'' I did not owe him an explanation, but I gave it to him. He was not belligerent or pushy; he just seemed annoyed that I was not going to let the job proceed. ''THEY (the trees) bring back important memories to me and I like the trees.'' HE said that they were ugly to him. I finished with, "THEY are clearly on my property.'' He nodded and left. my neighbor does not speak to me now and goes out of her way to make as much noise such as playing a radio from 8 a.m. to 11;30 right by the wall that separates our houses.

 

[rigaton]

What steps have you taken to remediate this nuisance?

None, but I told the lady that she could trim the parts of the trees that hang over her side.

Do I have a right to stop her and the trimmers from entering my property, short of using force

How exactly would you propose to do that?

BLOCK my gate with trash cans.










Do you know the name of the contractor?

I still do not.

If so, you should consider hand-delivering a written notice that, if it proceeds with the work, you will seek appropriate legal remedies.

YOUR idea certainly is sound. THANKS very much.

Although I do not consent to the trimming, am I liable for damages in case of accidents?

I don't understand the question. An "accident" isn't a thing that has a legal definition. Determining whether you have or might have legal liability in a given set of circumstances requires knowing all the facts and circumstances.

I meant if the tree falls on my house or her house and damages it.

 

[zddoodah]

I meant if the tree falls on my house or her house and damages it.

Depends on the reason why it falls. If it falls on your house (regardless of the reason), you make a claim against your homeowner's insurance. If it falls elsewhere, you'd only be liable if it fell because of your intentional action or negligence.

 

[rigaton]

I meant that if the neighbor hires trimmers to cut the tree without my permission and the whole tree or sections fall on my house or hers or damage the block wall between our houses or another aspect of my property, then would I be likely to win if I sued her or the trimmer rather than file a claim with my insurance?

 

[AlmostThere]

How far is your house from the trees?

 

[zddoodah]

I meant that if the neighbor hires trimmers to cut the tree without my permission and the whole tree or sections fall on my house or hers or damage the block wall between our houses or another aspect of my property, then would I be likely to win if I sued her or the trimmer rather than file a claim with my insurance?

Again, it depends on the reason why it falls, but I'm at a loss to understand why you would rather go through the hassle and expense of a lawsuit instead of making an insurance claim.

 

[rigaton]

The trees are 15' from my house on a straight line. IF they fell straight north, then they would hit the top of my 2 story house.

I have read that filing a claim would likely raise my insurance rates. Perhaps I would be canceled.

 

[not2cleverRed]

You are in Los Angeles.

Your neighbor can remove foliage that extends over the property line, but from what you stated, that is not the issue.

Per CA Civil Code 833, because the the trunk are completely on your side of the lot line, they are yours.

Because your neighbor has already indicated that she wants to top your trees, and has gone soo far as to openly bring in a professional to make a guestimate, it would be a good idea to notify her in writing that you are against this.

Reducing a 50' tree to 6' will damage the health of the tree. Trees have value. Mature trees are kind hard to replace, after all. Under California Civil Code section 3346, she could be on the hook for treble damages should she butcher your tree without your permission. It might be worth it to have an arborist check out the trees on your property. Because you know that if you wait until after the fact, she'll claim the trees were healthy, yada, yada.

By the way, right now is nesting season for birds, which means that the proposed extreme "pruning" could violate Los Angeles code 53.48
https://www.sfvaudubon.org/wp-content/uploads/2015/08/Bird-Friendly-Tree-Trimming-Guide-LA.pdf

 

[rigaton]

You are in Los Angeles.

Your neighbor can remove foliage that extends over the property line, but from what you stated, that is not the issue.

Per CA Civil Code 833, because the the trunk are completely on your side of the lot line, they are yours.

Because your neighbor has already indicated that she wants to top your trees, and has gone soo far as to openly bring in a professional to make a guestimate, it would be a good idea to notify her in writing that you are against this.

Reducing a 50' tree to 6' will damage the health of the tree. Trees have value. Mature trees are kind hard to replace, after all. Under California Civil Code section 3346, she could be on the hook for treble damages should she butcher your tree without your permission. It might be worth it to have an arborist check out the trees on your property. Because you know that if you wait until after the fact, she'll claim the trees were healthy, yada, yada.

By the way, right now is nesting season for birds, which means that the proposed extreme "pruning" could violate Los Angeles code 53.48
https://www.sfvaudubon.org/wp-content/uploads/2015/08/Bird-Friendly-Tree-Trimming-Guide-LA.pdf

Oh, yes, the trees are clearly on my side and grow straight as a string, as cypresses often do. To think that lopping off 45' or so of the tree would make it less valuable is something that I never considered, as the trees are not particulary beautiful to me, but an arborist, as you said, would be the appropriate person to assess their worth. The birds fly around the trees and squirrels jump on them. I suppose that, to those creatures, the trees are important. For that matter, the trees block the sun from the south from entering my house in the morning, so that is nice on the very warm days.

I have taken some pics of the trees in the last month, but as you suggested, an estimate from a professoinal would be useful. I have 3 pics of my mom, who died 2 years ago, standing next to and between the 4' tall trees that she PLANTED with my cousin's help, on, Ironically, EASTER SUNDAY, APRIL 22, of 1973. The trees have a sentimental vaIue to me, which is not worth much these days.

I have NOT had any encounters with the lady next door or any prospective trimmers since that fateful day, which is good. I am not always home, so to be prepared for the worst would be advantageous to me. THANKS