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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9294
Experience:  Since 1983
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There is a large fir tree that is apparently (without a

Customer Question

There is a large fir tree that is apparently (without a survey) bisected by the property line between my property and my neighbor's. Although the trunk, as it comes out of the ground is half on my side and half on his side, the tree leans heavily and more than 99.9% of the tree is leaning over his property. What are my responsibilities in this situation?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

If the trunk straddles the boundary line,the tree is owned equally by both neighbors, and neither can cut it down without the consent of the other.

If the tree causes damage to the neighbor's property because branches fall there, you are not liable for that.

This kind of issue is best resolved by agreement of the neighbors before the tree or any branches fall.

I hope this information is helpful.

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