QUESTION

How to resolve the issue of big pine trees coming from outside private apartment complex boundary to my property

Asked on Sep 12th, 2019 on Civil Litigation - California
More details to this question:
There are 2 pine trees in my backyard. Those tree belong to private property (apartment) owners. My HOA has no jurisdiction to negotiate with this issues. These tress are way too big and entering my property. Part of these branches may hit my patios soon. Everyday whole lot of pine forks falling on my backyard. I can't do any landscaping nor outdoor activities. These tress were not even trimmed for last 4-5 years. I communicated with apartment owner to trim, but, they didn't. Is there any option I can try? I communicated with city and City mediators. City doesn't handle either. Mediators tried but, no outcome. Is there any Legal option ? If so, what should be best option. I think my property attraction is somehow losing dynamics due to these 2 big tress. Those are dangerous in case there is windstorm.
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1 ANSWER

Personal Injury Attorney serving Santa Rosa, CA at Young Law Office
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You might have a valid civil claim for trespass and/or nuisance, particularly if the trees are that serious of an encroachment that they are interfering with the use and enjoyment of your property.  You may also reasonably trim the encroaching branches, but you must be very careful.  If you damage the tree, you can be held liable by the other property owner.  In 1994, "tree law" was changed in the case of Booska v. Patel - a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.  Damages for injury to a tree can mount up because the statute in California allows for "treble" (triple) damages and more. Since you have already tried to work with the City, your best option may be a lawsuit for trespass/nuisance and seek an order from the Court abating the nuisance properly.  You will need a tree expert to write a report that your attorney will submit to the Court.  Take lots of pictures showing the tree encroaching, the droppings, etc.  You may also want to get an opinion from a realtor about diminution of value in your property. If this is a northern California situation, call me.  I have handled prior tree cases.
Answered on Sep 12th, 2019 at 3:55 PM

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