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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9090
Experience:  since 1983
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Infringement of ongoing droppings of various size tree limbs,leaves&

Customer Question

Infringement of ongoing droppings of various size tree limbs,leaves& olives from mature Russia Olive Trees on the neighbors side of the fence.
What is the Law regarding the ongoing
mess of Infringement form those mature
Russian Olive Trees
.
Submitted: 7 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 7 months ago.
Thank you for your question. In which State and town is the tree located? Is the trunk entirely on the neighboring property and not on the property line?
Customer: replied 7 months ago.
Arizona.
The trunks of the trees are on entirely on the neighboring property, running the full length behind several back yards of many
Mobile Homes here in ContempoTempe senior MHP. The trees are definitely on the neighboring property.
Customer: replied 7 months ago.
In Maricopa county
Expert:  N Cal Attorney replied 7 months ago.
Thank you. I have not found any County ordinance on this. According tohttp://www.gilbertaz.gov/departments/development-services/plan-review-inspection/inspection-code-compliance/code-compliance/faq-civil "Property owners in every state have the right to cut off branches and roots that stray into their property, in most cases this is the only help that is provided by the law, even when damage from a tree is substantial.As a general rule a neighbor who trims an encroaching tree must follow certain guidelines.The neighbor Can trim only up to the boundary line Needs permission to enter the owners property, unless the limbs threaten to cause imminent and grave harm May not cut down the tree itself Cannot destroy the tree by trimming. Must warn or give notice to the tree owner prior to commencing work and give them the opportunity to trim it themselves. You cannot destroy either the structural integrity or the cosmetic symmetry and appeal of a tree by improper trimming.The tree owner Must allow access as needed.In Arizona at least common law shows that a tree owner may be responsible for damages caused by a tree that is not maintained.Can choose to trim the tree or have it trimmed themselves if they decide to. This is a complex issue that would benefit from the neighbors talking and communicating their concerns before a problem arises. In the case where a agreement cannot be reached neighbor mediation or even small claims court may be wiser than taking the law and a chain-saw into your own hands." I hope this information is helpful.