How can I legally compel them to cut trees that are infringing on my property? - Landlord and Tenants Law Questions and Answers- LawQA.com

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How can I legally compel them to cut trees that are infringing on my property?

There is a single-family detached rental property next door to me. I have already asked Property Manager multiple times to have two 50 foot tall sweet gum trees trimmed and ideally removed but the answer has been no. The trees are infringing on my property by 20 feet and since they were originally planted only 2 feet from the block party wall, heavy damage has occurred to the wall. Also, one of the trees is diseased. The trees need to be removed and the wall repaired.

Answer By Patrick Currin

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To the extent the trees encroach on to your property, you are within you rights to trim them yourself. You can repair the wall and sue for the cost.

Answer Applies to: California
Replied: 9/21/2017

Answer By George H. Shers

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Why was the answer no? You are entitled to cut off any part that encroaches upon your property, as long as it does not endanger the health of the rest of the tree. You can threaten to do so, but the manager will likely call your bluff by daring you do so. In California, you could sue in superior court to have an order to cut down the trees and fix the common wall, but that would be expensive, but may be your only choice.

Answer Applies to: California
Replied: 9/21/2017

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