But who are we joking about? If everyone was reasonable, there would be no lawyers. And there are a lot of them in California. If the “good neighbor” attempt fails, you should consult a lawyer about your options before taking matters into your own hands. Normally, a letter should be sent, and if that fails, a lawsuit may be necessary. In the event of an unjustified injury to a tree, the owner can receive three times the amount of actual damage. And for the destruction of a tree, the law allows an aggrieved party to obtain financial damages: either the cost of replacing the tree, or the reduction in the market value of the property of the owner of the tree as a result of the destruction of the tree. The action must be instituted within four years of the facts. If you have further questions about California`s Tree, Fence and Boundary Act and would like to seek help from a licensed California real estate attorney, Melissa C. Marsh, please schedule a phone consultation for only $129 by filling out the Ms. Marsh Phone Consultation Request Form and Melissa Marsh will call you back at the time you selected. To learn more about how our cost-effective telephone consultations work, click here. In many cases, Ms.
Marsh can help you resolve the issue with simple instructions or a written letter. Cutting down or killing your neighbor`s tree, even unintentionally, can result in criminal and civil damage. Under sections 384a and 622 of the California Penal Code, injuring or removing a tree on another person`s property is a criminal offense, punishable by a fine of up to $1,000 and up to six months in prison. In addition, California Civil Code Section 3346 and California Code of Civil Procedure Section 733 provide that the owner of the aggrieved tree is entitled to mandatory doubling (with certain exceptions) and, at the discretion of the judge, triple the damages for unlawful damage to trees or vegetation. In other words, if your neighbor even accidentally cuts down your trees because he thinks the trees are on his property, the judge must award double the actual damages. In addition, the person or company that actually cut down the tree may also be held liable under various common law claims, such as: negligence, trespassing, conversion, wilful infliction of emotional distress, and fraud. You may be thinking, “If the tree dies, I`ll buy another tree – it can`t cost that much.” This is not the case. The courts have emphasized that only reasonable costs associated with replacing destroyed trees with “identical or substantially similar trees” can be reimbursed (Hassoldt v. Patrick Media Group, Inc., 2000). The cost of a mature 20-year-old tree can be quite high.
Under California law, if the trunk of a tree is between two adjacent properties, both landowners jointly own the tree and neither has the right to remove it without the permission of the other. The two adjacent landowners are also responsible for pruning and maintenance. In this case, a man named Booska owned a 30- to 40-year-old Monterey pine. The roots of the tree became property owned by a man named Patel. Apparently, the roots tore Patel`s sidewalk. So Patel hired a contractor to dig three feet deep along the entire length of his garden. This excavation cut the roots of the Booska tree. If your city doesn`t have such a “sight order,” all may not be lost. Under a little-known California law (Civil Code Section 841.4), trees and hedges planted in rows to form a fence can be considered a fence. So, if they are 10 feet tall, they can be considered disturbing and therefore illegal according to Wilson V. Handley (2002). In summary, the best approach to solving a tree problem with your neighbor is to talk to your neighbor.
Ask your neighbor informally and kindly for help in solving the problem. The neighbour may not be aware of the problem and may be willing to accommodate you in a manner satisfactory to both parties. Keep the tone respectful and focus on your plan to keep the tree safe and healthy while letting the owner know how the branches or roots of the tree have affected your property. You may need to send more than one letter if the owner continues not to cooperate. In California, where trees are plentiful, homes are close to each other and homeowners often have a disproportionate sense of entitlement, tree conflicts are commonplace. Whether it is: (1) walkways to lift roots; (2) trees that drop debris; or (3) trees blocking views, it is important not to underestimate the complexity of the dispute before deciding to act. First, you need to determine if the tree is on municipal property. Visit your local city hall and check the city map to find out where the tree is.
If the tree is on municipal property, designate the department responsible for tree maintenance. A city clerk can help you find the right office. What about a tree that knocks down the fence? Now is the time to put another fence in place. I don`t want to set up the growth of this huge tree to fall again. I don`t want to visit the fence on my side of the tree and lose some of my belongings. I also don`t want them to blame me for the ongoing damage caused by the tree. What can be done? Q: The neighbor`s tree has large branches hanging over our property. One of them fell and broke several objects in our garden. It`s up to him, right? For example, in Rony v. Costa (2012), a neighbour hired an unauthorized day labourer to cut down a cypress tree that had invaded his property. But the worker also cut down significant parts of the tree that were on the tree owner`s property and damaged the tree.
