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Updated over 1 year ago on . Most recent reply

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Brandon Ly
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18
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Dispute on encroaching tree into neighbors yard

Brandon Ly
Posted

Hello Bigger Pockets community!

I live in Los Angeles county and recently received a letter from an attorney representing a neighbor of one of my rental properties about a tree that has become "bothersome" as the tree is causing debris onto their side of the property. They claim they have had to trim the tree, resort to extensive clean-up and the excessive growth has caused vermin and other creatures to feed off the tree.

I researched California tree law and learned that the neighbor has a right to trim the parts of the tree that are extending onto their property but don't have a legal claim/dispute against me unless harm is caused. What do you guys think I should do about the situation? Has anyone else been involved in something similar?

I'm thinking:

Option A) Oblige with the request and have the tree removed/trimmed
Option B) Reject their request and mention that the encroaching tree falling leaves and foliage is considered a “natural occurrence” and not a nuisance
Option C) Reject their request and mention that they already stated that they trimmed the tree and to provide evidence that the encroaching tree has caused damage

Appreciate everyone's time! Thank you!

Most Popular Reply

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Chris Seveney
  • Investor
  • Virginia
15,632
Votes |
18,193
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Chris Seveney
  • Investor
  • Virginia
ModeratorReplied
Quote from @Brandon Ly:

Hello Bigger Pockets community!

I live in Los Angeles county and recently received a letter from an attorney representing a neighbor of one of my rental properties about a tree that has become "bothersome" as the tree is causing debris onto their side of the property. They claim they have had to trim the tree, resort to extensive clean-up and the excessive growth has caused vermin and other creatures to feed off the tree.

I researched California tree law and learned that the neighbor has a right to trim the parts of the tree that are extending onto their property but don't have a legal claim/dispute against me unless harm is caused. What do you guys think I should do about the situation? Has anyone else been involved in something similar?

I'm thinking:

Option A) Oblige with the request and have the tree removed/trimmed
Option B) Reject their request and mention that the encroaching tree falling leaves and foliage is considered a “natural occurrence” and not a nuisance
Option C) Reject their request and mention that they already stated that they trimmed the tree and to provide evidence that the encroaching tree has caused damage

Appreciate everyone's time! Thank you!


I always recommend someone have an attorney, what I would do is send them a note saying all correspondence regarding this matter should be sent to the law offices of ... This letter is a joke to be honest. They are trying to intimidate you with an attorney letter which provides no reference or boundaries.

The other option i would do is to ask the attorney for the specific laws and rulings that tell me I am responsible for the tree on their property as the research i have done is if they want to trim the tree back then it is on them. If you do not like the growth then trim it back to the property line. 

  • Chris Seveney
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7e investments
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16 Reviews

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