Who Pays For Trimming Encroaching Tree

[distra]

My question involves real estate located in the State of: California

Hi! Our neighbors have a tree in their yard. The tree's branches are growing into our yard and cover a good portion of it. We are wondering if we can require our neighbors to trim the branches to their property line and if we can require them to pay for this as well.

[Mr. Knowitall]

I'm assuming at this point that you're simply annoyed with the overhanging branches, and you are not claiming that they pose a danger. If you believe the trees are dangerous, and you cannot work things out, consider having a lawyer write a letter to your neighbor instructing them to resolve any danger posed by the trees.

If you wish to trim their branches to the property line, and are able to do so without harming the tree, you may do so. But you must consider the continuing viability of the tree. You should also take care to know exactly where the property line lies, as it may not be where you believe it to be.

If you can convince your neighbor to trim the tree back to the property line, even at your expense, you avoid any potential liability for harm to the tree or for cutting past the property line.