San Jose, CA asked in Real Estate Law and Civil Litigation for California

Q: Can we cut branches from neighbor's tree encroaching on our yard? neighbor is not responsive.

Tried to find the current owner and public records only show previous owner.

Cannot get in contact with property manager as they are not responsive to find the current owner.

The tree encroaches on the yard and overhangs towards close to our roof, littering it with leaves and premature wear and tear happens on our roof. The tree also has roots that uplift the shared fence and we cannot get any type of response for shared payment to repair the fence. It's affecting our projects that we want to work on in our yard.

1 Lawyer Answer
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Rohnert Park, CA
  • Licensed in California

A: You are completely entitled to trim the portion of the tree that hangs over your property. In fact, any tree hanging over your fence is your responsibility to trim/maintain, so you would not be permitted to seek reimbursement for the trimming cost from the neighbor. The fence is another issue, and you should be able to have the neighbor contribute to the shared fence repairs.

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