Neighbor wants my trees trimmed that overhang her yard. Who pays?

Question

I live in Los Angeles. My neighbor wants me to pay to trim the trees that are on my property that hang over the fence into her yard. Whose responsibility is it to pay for this? I need a link to an official government site that states the facts of who is to pay. My gardener says it is not my responsibility. He has 35 years experience, but that it not proof to my neighbor. I do not mind doing it once, but I want to know for certain whether or not it is my responsibility before this becomes a yearly thing.

Apparently you haters didn't notice that I wasn't COMPLAINING, but merely wanted to know the facts of the situation. I don't mind doing this if it is really my responsibility, but if it is not, then it is important to have it in writing from an official source. Do you guys like to pay a lot of money annually for something that you don't need to pay for? I didn't think so. I am not really looking for opinions. I am already getting opinions from my neighbor and my gardener. I came here beacause I was having a hard time researching the facts and I thought someone here might know where to find them. I am a responsible, caring person. However, I am not at this time able to throw money out the window when someone asks for it. I just want to know what is required, and if it is my responsiblity, then I will gladly budget to take care of it every year.

Answer 1

If the neighbor doesn't like it, it may be his responsibility. Here's a link.

I reserve the right to change this answer if I find other details.

I've found a few articles that say that if your tree could potentially harm the other person's property, then it is your responsibility to trim it.

And the third talks about the person who is annoyed by the tree doing the trimming - to the property line.

Boy, I see alot of people are justmaking it up instead of actually knowing the law. Perhaps you should speak with an attorney or the city planning & zoning commission so that you get the right answer. There are alot of 'guesses' here that certainly don't warrant legal advice. lol.

Answer 2

I think it would be extremely difficult to find you "an official government site" that tells you whose responsibility it is to pay for the service. However, they are your trees, intruding on her property, so you are the one who shall pay for the cost. You are neighbors, talk it out! Don't become enemies over a tree. And if you don't pay, she may do what happened in the situation of two of my neighbors. The neighbor who had the overhanging tree refused to pay (large tree, not just a few small branches here or there), so the other neighbor paid to have the whole tree removed. It sure was funny when the neighbor who used to have a pretty tree in her backyard came home to a stump!

Answer 3

It is your tree and you are responsible for it. That does not mean you are OBLIGATED to trim anything overhanging her property, unless it comes into contact with her house or another building.

Think about it this way. If the tree fell over and landed on your neighbor's car, you're responsible for not only removing the tree from her property, but also for replacing her car. If anything from your tree is causing damage, then you have an obligation to correct it, both legally and ethically. But if it's doing no harm, most cities don't have any laws or regulations obligating you to damage your tree to prevent shade in her yard.

If you want the specifics for your town, call your Zoning and Planning office. They have everything you need. Otherwise, you can also call the office of your city attorney. They'll be glad to provide the appropriate citations to you.

Answer 4

If the tree is planted wholly on your property, any extension by the tree of its roots or branches into an adjoining tract of land is captured under the legal concept of "nuisance."

Each owner has a right by common law to the "quiet enjoyment" or his/her property. Anything which interferes with that quiet enjoyment, is actionable at law. The use of adjoining property to interfere with this quiet enjoyment is known as nuisance.

Two basic doctrines are in play here. (1) You can sue for nuisance in every jurisdiction in America. Then your neighbor would be able to recover damages (including loss of value / enjoyment of the property, plus aggrivation or annoyance) and court costs (not attorneys fees).

Plus, since the nuisance can easily be fixed (aka -- the branches can be cut), the neighbor can get a court order for you to have to keep the branches cut every year, or face being found guilty of contempt of court (and possibly going to jail).

(2) Nuisances can always be "abated." This means that, without filing suit, your neighbor can choose to fix the problem herself, without asking you for permission first. So if she chooses to get the branches cut, she can do so, and send you the bill, then sue you if you refuse to pay the bill.

Harsh reality --- the trees are your problem. If you don't like it, cut them down, plant smaller trees. A property owner's boundary extends upwards through the air all the way to space (in theory), and down in the ground to the core of the earth (in theory). When your trees crosses that boundary, whether you like it or not you've violated the other person's property rights.

My suggestion -- cut the branches, then put up a privacy wall. As they say, strong fences make good neighbors.

Answer 5

Hey! A website to help you!

http://www.nolo.com/article.cfm/ObjectID/D815344D-7AA8-4B48-A1FD1F04F351504F/catID/D0B308BB-D553-438E-94E8D66498A911D7/213/243/267/FAQ

Most of a big oak tree hangs over my yard, but the trunk is on the neighbor's property. Who owns the tree?

Your neighbor. It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person.

If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission.

Your neighbor gets to cut it!!!!

Answer 6

Most cities have regulations regarding this. But why not offer to split the costs? Most of the time the adjoining neighbor can just cut it back to the property line. But if they do that you have no control or how it is done. It could damage your trees or fence.

Answer 7

Legally it's her property and she can do with it what she wants.

Ethically, you should work with her so the tree remains attractive but allays her concerns, and you should pay all or some of it simply to be nice.

If you care about the tree at all, remember she can do whatever she wants with the part that hangs on her property, so I wouldn't upset her if I were you.

Answer 8

I have this same problem with my neighbor and his tree. I want him to cut his branches that hang over my house. Like most people said, it's YOUR tree and it's on YOUR property, it's your obligation to maintain your property. Although if you don't want to that's to your disgression. If a branch falls off and damages their house or car, they cannot legally hold you liable and sue you. The case will be dismissed, as an "act of GOD". This is what pisses me off, because all it takes is that branch to fall and mess up my roof. Trust me, if you want to keep the peace between your neighbor, cut it.

Answer 9

I say send her a Bill for the Free Oxygen sh'e recieving from your Tree, Then calculate the electricity savings she has gotten for the life of the tree shade and Send her that Notice.

Answer 10

How can you even debate this?

Would you want her shrubbery protruding onto your property?

Would you rather she trims them?

It is your responsibility.

If it were your trees on my property, and you did not take care of it, I would make sure those trees did not hang anywhere ever again.