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  1. #1
    Join Date
    Jul 2007
    Location
    California
    Posts
    9

    Default Trees Damaging Fence

    I live in California. I was wondering if my neighbors are liable for the damage they are doing to the fencing between our houses. The homeowners don't actually live in the house (they are disabled), their daughter does.

    There are two large yuccas growing next to the fence. They are about 40-50 feet tall and have now grown in girth and are breaking out the posts and cracking the boards in the fence.

    I have sent the homeowners pictures of the fence just as the damage was occurring, stating that this is going to be a bigger problem come winter time. I relayed to them that the removal of the yuccas would be beneficial. However, I haven't heard from them.

    What are my next steps? I plan on sending them updated photos soon and another letter, but can I be doing more?

    I don't want to pay for the fence as I caused no damage to it. If it were a different situation, say the fence was falling down due to age, I would gladly pay my portion.

    HELP!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Trees Damaging Fence

    As this article on tree law explains,
    Quote Quoting Discourage self help.
    A common assumption is that people have an absolute right to cut offending branches or roots that encroach on their property. This assumption should have been dispelled in 1994 when an appellate court held that there is no absolute right to sever encroaching roots; rather, the test is one of reasonableness. Booska v Patel, 24 CA4th 1786. Thus a landowner's right to remove the portions of a tree that encroach on his or her land must be balanced against the obligations to act reasonably toward adjoining landowners and to refrain from causing foreseeable injury to neighboring property. California Civil Practice, Real Property Litigation 11:42 (West, 2001). A landowner is responsible "for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury on himself." CC 1714. See also CC 3514 (general obligations to others).
    Is this your fence, their fence, or a shared fence?

  3. #3

    Default Re: Trees Damaging Fence

    You should see them in person and discuss it with them. They are totally liable for the damage the tree is causing. Are you only concerned about the fence or other root damage, nuisance issues as well? You could bring your photos and explain in a nice way that they probably haven't seen the yuccas in a while, and they'd be surprised to see how big it's gotten, etc. But it's causing damage, and you'll be glad to arrange for (1) taking a portion of the fence out and re-installing it, with modifications; or (2) removing the yuccas entirely, splitting the cost (give them a couple estimates); or (3) leaning on them by telling them that under the law, the yuccas belong to them and they are responsible for the maintenance of their property, and then being the good guy and tell them you'll be happy to help them out due to their not being on the premises, etc. You could go out on a limb and pay for the removal of the yuccas yourself and let the chips fall where they may. The owners of the property (not the tenant daughter) would have a case against you for destruction of their trees which you had no right to cut down, but then, would they take it to court? Would likely be a small claims action and they'd have to appear themselves. Go see them in person. Bring a gift.

  4. #4
    Join Date
    Jul 2007
    Location
    California
    Posts
    9

    Default Re: Trees Damaging Fence

    Thanks for your input.

    The fence is a shared fence. The yuccas are completely on their side and due to lack of maintenance are breaking the fence. The daughter does nothing to prevent weedy trees, like privet, from also being seeded (by birds) next to the fence. These trees will also have a negative impact on the fence soon as the privet are quick to grow.

    We have tried cutting some of the limbs encroaching on our yard, however, the yucca has very heavy limbs. Cutting the limbs is dangerous as they have spiky, long leaves. I want to avoid having to do any of the work ourselves, besides, the yuccas aren't our property.

    I am not going to pay for anything until those yuccas and other trees are gone. It would be like throwing money in to the wind.

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