1ST REPLY QUESTION TO ANSWER
There were no limbs hanging onto the neighbor’s property.” That is correct? YES
As stated in my questions…no one seen them and no approach them yet?
Proof they had trimmed the tree…The same type of Trees surround the entire 3 brick walls of the back yard (Side, Back, Side). The only section of the trees trimmed downs was the one with the view. My Gardner knows not to trim any trees according to our contract and he was already stated he did not. The gates to the backyard are locked and only the tenant and the Gardner have a key. The only way the tree were able to be trimmed was from the neighbor’s yard. As stated in my summary no one had seen them. This is why I what to approach this carefully. (1) Filing a police report and having an officer talk to them (2) Finding out who neighbor’s Gardner is……I would ask them directly in my first communication with the neighbor…….Should I communicate with the neighbor verbally or by letter and what words should I use to state; I know they trimmed the tree…..Other neighbors has stated the owner of the home is hard to get along with and feels he could do what he wants, not a person to talk reasonably with…REFER TO ORIGINAL QUESTIONS I need help in applying it to the facts stated to you in the original summary and questions. Tree is 100% on my property….the problem is the view…
Pursuant to California Civil Code Section 833, if the trunk of a tree stands wholly on the land of one landowner, that landowner owns the tree regardless of whether its roots, foliage, or branches have grown onto the land of another. However, if the trunk of a tree stands partly on the land of two adjoining landowner, then both landowners own the tree. (Civil Code Section 834).
Generally, the law considers shrubbery, foliage and branches that encroach onto the land of another a nuisance. The owner of the land encroached upon may abate the nuisance by trimming the overhanging foliage, branches and limbs so long as the owner acts reasonably so as not to seriously injure or kill the tree causing the nuisance. If a landowner cuts foliage that is not encroaching onto his property and does not have the permission of the tree's owner to trim, however, the person cutting the foliage may be liable to the adjoining landowner for up to triple the amount of the damage caused by the wrongful cutting. However, if the damage is accidental or based on a mistaken belief, damages may be limited in the court's discretion to double the value of the wrongful cutting. (Civil Code Section 3346).In my summary it states the neighbor trimmed the trees on my side of the yard…..I need help in applying it to the facts stated to you in the original summary and questions.
I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
Thank You…Excellent Answers….there were two questions that were skipped over.
I will close this case and write a letter in the next couple of day…and maybe open a new case with you regarding checking the wording of the letter,
Excellent Service……I will leave you a tip of $20
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).