You may get legal assistance and get a Court Order compelling the neighbor to remove the encroachment and repair the damage . If there is some damage imminent, such as the neighbor’s tree is about to fall over or the roots are about to break your plumbing, faster action may be called for.
Can you stop someone from cutting down a tree?
No, your neighbor can’t cut down your tree. They can only trim branches that stretch over the property line. The law forbids any further cutting or destruction of the tree . For the neighbor to cut your tree, they would have to trespass over your property—which is illegal.
Can I stop Neighbour cutting down tree?
By “reasonable”, the law means that you must exercise care to avoid unnecessary damage... in short, you can’t kill it . California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance.
Is cutting down a Neighbours tree a crime?
Chopping down, or killing, your neighbor’s tree, even unintentionally, can lead to both criminal and civil damages. Pursuant to California Penal Code sections 384a and 622, it is a criminal offense to harm or remove a tree on someone else’s land punishable by a fine of up to $1,000 and up to six months in jail.
Can neighbor cut my trees?
Real Property Litigation (2020) § 11:42; Miller & Starr, California Real Estate (4th ed. 2020) § 17:9; Booska v. ... Although you can cut off overhanging branches, you cannot enter your neighbor’s property to trim or remove a tree . To do so is a trespass, which is a misdemeanor.
Can I throw my Neighbours branches back?
If my neighbor’s tree branches hang over my yard, can I trim them? Yes . By law, you have the right to trim branches and limbs that extend past the property line. ... You may not go onto the neighbor’s property or destroy the tree.
Which trees Cannot be cut without the approval of the government?
Which trees Cannot be cut without the approval of the government? Sandal is one of the tree which is not allowed to cut down without the permission of the govt.
How high can your Neighbours trees be?
2 or more mostly evergreen or semi-evergreen trees or shrubs. ... over 2 metres tall. affecting your enjoyment of your home or garden because it’s too tall.
Can a Neighbour come into my garden?
Generally speaking, your neighbour should not go onto your land without your permission . There are some situations where they may be able to access your land in order to complete repairs to their property, and their right to do this may be set out in the title deeds for the home.
Who gets the good side of the fence?
The finished side should face toward your neighbor. Not only is this more polite, but it’s the standard. Your property will look a lot nicer with the “good” side facing the outside world. Otherwise, your fence will look like it was installed backward.
Whose responsibility is it to cut overhanging tree branches?
Even if the tree trunk is on your neighbor’s property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.
Which trees Cannot be cut down?
Any tree with a trunk circumference smaller than 12 inches may be removed without a permit. Anything larger will be considered a significant tree and therefore protected.
What is the punishment for cutting trees?
These laws vary depending on the local climate, canopy-cover of the trees, and various other factors. The penalty for cutting down trees without a permit ranges from $500 – $10,000 . There have been cases where the court has ruled fines much larger ranging right up to $100,000 per offense.
Is there a legal height for conifer trees?
Be mostly made up of evergreen or semi-evergreen trees or shrubs. Be more than 2 metres tall . Be capable of obstructing light or views.
What kills trees quickly?
The most popular and recommended tree killer used by arborists is called Tordon . Simply apply Tordon to a freshly cut stump (within 30 min)and Tordon will kill even the hardiest of trees.
