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[ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] Yes (for the most part) Posted by Scott - IE Broker on March 07, 2010 at 11:32 AM In Reply to: Neighbors trees posted by Darryl on March 05, 2010 at 5:09 PM First, find out who owns the tree (Civil Code Sect. 833 and/or 834) Second, try to evaluate whether cutting the branches would kill the tree or not. You have a right to abate a "nuisance" by trimming the overhanging foliage so long as you don't kill the tree AND you don't cut foliage that is on your neighbor's property. If you cut foliage that is NOT encroaching your property and/or you kill the tree, you may be liable for triple the damages. (Civil Code Sect. 3346) Just make sure your actions are justified. The "self-help" remedy can be risky if your actions are not justified or reasonable. Hope this helps. Follow Ups: Post a Followup: Name : E-Mail : Subject : Comments: : First, find out who owns the tree (Civil Code Sect. 833 and/or 834) : Second, try to evaluate whether cutting the branches would kill the tree or not. You have a right to abate a "nuisance" by trimming the overhanging foliage so long as you don't kill the tree AND you don't cut foliage that is on your neighbor's property. If you cut foliage that is NOT encroaching your property and/or you kill the tree, you may be liable for triple the damages. (Civil Code Sect. 3346) : Just make sure your actions are justified. The "self-help" remedy can be risky if your actions are not justified or reasonable. : Hope this helps. [ Follow Ups ] [ Post Followup ] [ The Forum Board ] [ FAQ ] WWWAdmin 2.0a © 1997 Matt Wright and DBasics Software Company, All Rights Reserved

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