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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26148
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hi, My neighbor wants to cut some trees that I believe are

Customer Question

Hi,
My neighbor wants to cut some trees that I believe are on my property. She claims that there is something called an "easement" between our properties, supposedly for DWP to be able to access a pole that has the electrical feed to my house. She claims that this "easement" extends 5 feet on either side of the pole so she can legally send tree trimmers over the fence to cut my trees. I am wholly ignorant about these matters. Can you help?

Thanks.

Harry Fisher
Woodland Hills, CA
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.

 

If the trees are on your property, easement or no easement, your neighbor cannot come onto your property and cut a limb or branch off of the tree. If she were to come onto your property and cut your trees, or any part of them, you could file trespassing and destruction of property charges against the neighbor.

 

Also, if there is an easement on the property, the easement is only available for use by the person or entity that holds the easement. Thus, the easement would not give her any right to do anything.

 

The first thing to do is to get the property line marked. Usually, the county tax office will come out and do this free of charge. You can also contact a surveyor to mark the line for a fee. As long as the trees are on your property, she cannot do anything to them.

 

However, if any part of the trees extend onto her property, she would have a right to cut the trees back to the property line.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26148
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 2 years ago.
Dear Mr.Adams,

I have no more questions for you at this time. I have followed your advice to call for a precise survey of the property boundary and have offered to split the cost of a surveyor. It seems my neighbor is reluctant to spend $400 (half of the estimated $800 surveyor's fee) to settle the matter. Instead, she is trying to get me to talk to her tree-trimmers to hear how much they intend to cut (of my trees, no less,) and other cajoling tricks. I have very politely declined, and insist on a certified surveyor to delineate the boundary for all to see, removing any doubt of where she may cut.

Also, I have posted "No Trespassing" signs at the presumed boundary of my property, including a hand-written sign in Spanish (for the Mexican tree-trimmers) warning that I will call the police if anybody trespasses onto my property and cuts my trees. That seems to have been an effective countermeasure against sneak intrusions.

If I need any more advice in this matter I will get back to you. You gave me good advice the last time.

Thanks.
Expert:  Roger replied 2 years ago.

Sure.

 

Please let me know if you have any additional questions.

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