Neighbor's hedge
- Subject: Neighbor's hedge
- From: j* <j*@csupomona.edu>
- Date: Sun, 6 Jun 2004 12:22:27 -0700
A good book on issues such as you are facing is, Neighbor Law: fences, trees,
boundaries and noise by attorney Cora Jordan. The following is from this book:
?Limits on Self-Help
A neighbor who cuts back limbs or roots of a tree belonging to someone else
must stay within certain guidelines. The neighbor:
* can trim only up to the boundary line
* needs permission to enter the owner?s property, unless the limbs threaten to
cause imminent and grave harm
* may not cut down the tree itself
* cannot destroy the tree by trimming
Some more information from the book:
?In California, . . . encroaching branches and roots that interfere with the
enjoyment of a neighbor?s property are always considered a private nuisance to
the neighbor. That means that a neighbor may cut them off, sue the owner for
any damage or sue to make the owner cut the branches.
Although the book focuses on situations related to trees, most of this can
apply to shrubs as well. Some cities have ordinances concerning limitations on
the use of shrubs or trees as fences. These relate mostly to height. Check
with your city.
Avoid cutting or trimming anything beyond your property line and from stepping
foot onto your neighbor?s property without their permission. Besides the
potential for instilling ill will with your neighbor, I have seen many
disputes of this nature escalate into expensive court cases.
For more information, consult with an attorney versed in these types of cases.
In addition, another good book to consult concerning California law is
California Arboriculture Law by attorney Randall S. Stamen.
Good luck,
--Jerry Taylor
