You and your neighbor have a long-standing dispute about the trees in your yard. Your neighbor complains about the shade and the fact that the trees block their view. You, on the other hand, enjoy the aesthetic appeal that they add to your property and do not want to have them removed or altered in any way.
You take a business trip for the weekend, and when you return, you are stunned to find that your neighbor has taken it upon themselves to trim your trees. Are you able to sue them for the damage they caused to your property?
Where is the property line?
This is a common type of boundary dispute, and the key lies in the property line itself. This is governed by Section 3346 of the California Civil Code. Under this code, people do have the right to trim overhanging branches on their side of the property line, but it is illegal for them to cross onto their neighbor’s side of the property line. They also cannot severely damage the trees in such a way that they die, which would affect the portion of the tree on the other side of the line.
So, if there were overhanging branches in your neighbor’s backyard and they were concerned about the shade, they certainly could trim them up to the property line and dispose of the branches. But if they trimmed all of the branches or cut the tree down entirely, crossing onto your property to do it, then you may be able to sue them for a substantial amount of money to replace the damaged or ruined trees.
These lawsuits can be complex and contentious, so take the time to carefully look into all of your legal options.