Q: We have a situation where a neighbor’s tree is dripping some kind of brownish stuff on our wall, which comes down like streaks of paint, and there is a bunch of debris. I finally had a tree expert come out, and he said his biggest concern is the tree is weakened and could fall. If our neighbor won’t remove the tree, can we get the court to order that it be cut down or taken out?
R.V., Pasadena
A: In California, a nuisance is defined by Civil Code Section 3479 as “anything which is injurious to health.” This can be something that obstructs the free use of your property, so as to interfere with the comfortable enjoyment of life or property.
In your situation, you are to provide written notice to the neighbor, asking him or her to remedy the problem by such-and-such date. If the neighbor refuses, or fails to do so, you may have a viable claim in court to abate the nuisance; this can mean fixing the problem (the dripping, the debris) and recovering damages, if appropriate. The same applies if the tree is a falling hazard, and may harm person or property, such that the tree should be removed.
You want to have proof in hand — photos, if not video — and it likely will be critical to have a certified arborist who can express a credible opinion about why the tree is so problematic, and thus what should be done.
Note also, very importantly, some cities have an ordinance that requires approval before a tree can be removed. You want to check to see if there is that kind of required step where you reside.
Q: To what extent am I permitted to trim back the neighbor’s tree branches that hang over into our yard and make a mess?
T.F., Seal Beach
A: You indicate the tree branches are from your neighbor’s tree, that they extend over and onto your property, and are creating a problem. Generally, under those circumstances, you have the right to trim the branches, to the property line, but you must do so carefully in a manner that does not unreasonably harm or kill the tree.
You also should give serious thought to notifying your neighbor in advance of what you are going to do and when.
Q: There’s a tree on my way to work that is wreaking havoc with the sidewalk. It’s roots are just too much. The sidewalk is being lifted well up in the air. The city owns that tree and maintains it. What is suggested?
H.T., Lawndale
A: Often, a city will have a “report a sidewalk problem” or “tree root damage” form on its website. Get notice to the city of what is there, and where it is located. If it looks like someone could trip or fall, or some other harm could arise, indicate that it is a public safety hazard. Under California Government Code Section 835, a public entity can be held liable for injury caused by public property that is in a dangerous condition.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.