Q: What to do about non-responsive property owners when there is a hazardous condition on their property?
A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I can't get the tree removed because it is not on my parcel.
A:
Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means without success. The owner's lack of response, despite being active in other property matters, complicates the situation.
In such cases, you may need to escalate the matter to involve local authorities or governmental bodies. Municipalities or counties typically have regulations regarding hazardous trees and public safety. Contacting your local code enforcement office or the department responsible for trees and public safety could prompt an official inspection. If the tree is deemed a public hazard, the government can often take action to compel the owner to address the issue.
If governmental intervention does not resolve the issue, legal recourse might be necessary. California law allows for legal action in cases where an imminent danger is posed by another's property. Consulting with a legal professional experienced in property and neighbor law can provide guidance on how to proceed, potentially including seeking a court order to remedy the hazardous condition. This route should be considered carefully, as it can be time-consuming and costly.
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