My question involves real estate located in the State of: CA
Is anyone aware of recent case law where a slight fence encroachment (a few inches in one part of the overall fence) was allowed to remain in order to avoid removing a mature large shade tree? The situation is that a boundary fence was replaced and the fence contractor offset one post a few inches to give clearance to this tree which is close to the property line. It may or may not be an encroachment (don't have a survey) but interested to see if anyone has heard of such a case?
I know that there have been cases where courts allowed an encroachment where the harm to one owner was considerably less than the costs of abating, etc. Not sure about this particular situation though. Thanks.