Neighbor wants me to cut limbs off a 100 year old tree that drops pine needles on his yard.
Full Question:
I have a beautiful 100 year o pine tree in the corner of my yard and it drops a very small amount of pine needles in my neighbors yard who has recently bought the property. He want me to cut any limbs that hang over his property even though they about 40 feet up. Cutting the limbs on his side would make the tree lobsided and therefore dangerous. Am I required to cut my tree?
11/27/2016 |
Category: Trees |
State: California |
#27215
Answer:
More than likely in order for the neighbor to take any action he or she would need to file a Complaint in the appropriate court to have you remove the limbs. This may be in the form of a request for an injunction. You have the right to defend any such action and state your case. If there are ordnances or a City or County that address the issue they could come into play but we doubt that there are any that specifically cover this situation.
A 100 year old tree deserves protection to the extent reasonable.
Under California law trees on your land belong to you even though roots may grow into the land of another:
833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of
another.