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CalAttorney2
CalAttorney2, Attorney
Category: CA Real Estate
Satisfied Customers: 10238
Experience:  I have experience representing HOAs, homeowners, businesses, and other individuals in real estate matters.
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My neighbor has neglected Redwood trees at the fence to my

Customer Question

my neighbor has neglected Redwood trees at the fence to my property. Every time there is a burst of wind the debris covers my backyard and patio while his property is barely affected. I am getting tired of having to clean up after my neighbors property.
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation. Unfortunately, in most cases you are going to be without recourse against your neighbor here (see: http://realestate.findlaw.com/neighbors/conflicts-involving-trees-and-neighbors.html for a general overview of this area of law - as you will see, leaves and natural debris falling on your side of the property line simply become "your problem" - this is a terribly dissatisfying answer for most property owners, but there may be relief).

What you can do in some circumstances (you say that the trees are "neglected"), is to claim that the trees are a "private nuisance" and that the neighbor is responsible for trimming and/or caring for the trees properly.

Given the disputed nature of this area of law (and the disadvantage that you have in this situation), I would strongly encourage you to try mediation prior to filing a lawsuit. Using a third party neutral to try to negotiate a resolution with the neighbor is going to be a much more cost efficient, and faster, mechanism of resolving the dispute (plus you will risk far less than you would by going to court and trying to sue on a difficult case).

You can contact your local (county) bar association for referrals to mediators (attorneys, retired judges, or professional mediators).

I do wish you the very best with this matter, and hopefully you are able to reach a suitable resolution.

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