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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41027
Experience:  Texas Attorney for 30 years dealing in real estate
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We share a common block wall in the backyard with some condos

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We share a common block wall in the backyard with some condos right behind us. My elderly neighbor contacted the homeowners association managing the condo property. She asked them to trim the trees on their property as they are thick & heavy, and 3/4's into her backyard. The association responded and said they would have the trees trimmed but that was months ago. When my neighbor called to find out when they would trim the trees, the manager didn't know when it would happen and wouldn't give her answer. She then hung up on my neighbor. Is the association responsible for trimming the trees coming over into our backyards?

Ray :

Hi and welcome to JA.I am Ray the expert that will be assisting you today.

Ray :

California law does not force the HOA to maintain the trees and trim them over the neighbors property.

Ray :

California uses the common law of property when it comes to neighboring trees. This means that you have a right to trim anything overhanging your property, but your neighbor is not liable for anything overhanging or falling onto your property. The only stipulation with your right to self help is that if you trim the trees you must do so in a non-negligent manner in a way that will not cause substantial or permanent harm to the tree. The responsibility for cleaning what falls from the tree is on the party whose land it falls upon.

Ray :

So she can trim the trees back to her property line herself or have it done.Also she can keep harassing the HOA but legally in California I am afraid they are not liable to trim them as you can see above.

Ray :

In California Shrubbery, foliage and branches that encroach onto the land of another are considered a nuisance under the law. The owner of the land encroached upon may abate the nuisance by trimming the overhanging foliage, branches and limbs provided the owner acts reasonably so as not to seriously injure or kill the tree causing the nuisance.

Ray :

I wish I could tell you otherwise here but I know you want honest information.

Ray :

Reference.

Customer: Ray, thank you so much for the information. I wish it was better news for my elderly neighbor, but at least we are now more informed. Thank you again,
Ray :

You are so welcome.Thanks for letting me help you today.

Ray :

If you can leave a positive rating it is always much appreciated.

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