Trimming Tree Branches That Hang Over Onto Our Property from Neighbor's Yard

[jkq]

My question involves personal property located in the State of: Calfornia
Our neighbors have a large tree with branches that hang over the fence. The branches are high and hang over our property. It's an evergreen tree. Several branches have brown needles. It looks like some of the branches are dying. My wife and I want the branches over our property taken down because of the danger they pose to persons and property should they break off and fall.

I am planning on contacting our neighbors and requesting that they have they have their tree trimmed. I'm not expecting them to comply with our wishes because in the past they have been uncooperative on other issues. If they say they will not trim their tree themselves, my next step is to ask them for their permission to have my tree trimmers come onto their property and climb their tree in order to facilitate the trimming.

The tree trimmers that I have had look at the tree situation tell me I have the legal right to trim the branches that overhang my yard. Is this true? Any insight or suggestions on how to proceed will be appreciated. Thank you.

[flyingron]

Yes, you can trim back the tree to the property line provided you do it in a way that doesn't injure the general health of the tree. You do not need their permission, though it wouldn't help to be diplomatic as a first step.

[budwad]

I am planning on contacting our neighbors and requesting that they have they have their tree trimmed. I'm not expecting them to comply with our wishes because in the past they have been uncooperative on other issues. If they say they will not trim their tree themselves, my next step is to ask them for their permission to have my tree trimmers come onto their property and climb their tree in order to facilitate the trimming..

You do have the legal right to trim any branches that hang over onto your property. But your neighbor has no duty to pay for it. I would tell your neighbor that you are going to have the limbs trimmed and ask if your tree guy could have permission to do so via their property if necessary but I would not ask them to pay for it. Your tree contractor should be able to do it with a bucket truck from your side of the property line.

[RJR]

The tree trimmers that I have had look at the tree situation tell me I have the legal right to trim the branches that overhang my yard. Is this true? Any insight or suggestions on how to proceed will be appreciated. Thank you.

Agree with Ron and bud.

The legal basis probably deals with "Air Rights". The "Air space" over your property is owned by you, is a technical part of the ground space itself. If your air space is invaded/enchroached by trees/branches, you have a right to remove it. But as Ron said, don't chainsaw it. ��

The right is not absolute however, you can't claim an airplane flying over your house is trespassing on your property.

I would think CA follows this common law.

[jkq]

Thanks flyingron for your good suggestion. You make a good point about not injuring the general health of the tree. I plan to ask for their permission being diplomatic as a first step.

Thanks budwad for your thoughtful reply. As you say, I understand my neighbor has no duty to pay for it. I will not ask my neighbor to pay my tree contractor. I'll tell our neighbors about my desire to have their tree branches trimmed on our side of the property line. I'll ask my neighbors for their permission for my tree contractor to have access to their property. At that time, I am considering giving my neighbors the option of hiring a tree trimming service themselves. If they don't want to do hire their own tree trimming service, then I'll go ahead and have our tree contractor do the work. I'll ask my tree contractor if he can use a bucket truck in our backyard. Thanks again.

Thanks RJR for your answer to my question. I will point out to my tree contractor how important it is to NOT damage the health of the tree. Although, I must point out here that the tree presently is NOT in very good shape. The tree is old and branches are dying.

[adjusterjack]

Although, I must point out here that the tree presently is NOT in very good shape. The tree is old and branches are dying.

I suggest that you put everything in writing to your neighbor and send it with tracking and a delivery confirmation. Include in your letter your point about the tree being a hazard to your property and that he could be responsible for damage to your property if he doesn't remedy the hazard. Also take dated photos of the condition of the tree.