If only the general population could be equally informed!
Property owners are not responsible for naturally occurring debris from their trees that falls onto adjacent lots. Twigs, leaves, fallen acorns and sap are all considered the responsibility of the owner of the lot on which they fall, rather than the owner of the tree, provided the debris does not do significant damage to structures or landscaping. Jul 07, In a case, a California appellate court held that a storm of moderately giant tree in sequoia national park fallen intensity did not qualify as an act of God and the tree owner was responsible for damage cause by fallen limbs on his neighbor’s land.
Booska filed an appeal.
Note that, as in this case, tree liability intersects with nuisance law. Other Issues to be Aware ofAuthor: Judy Malmon. Jun 30, Going to court to have a neighbor ordered to pick up fallen debris is not practical or economical. Sorry. Trees Blocking Views: If your neighbor’s tree(s) and hedges block your view, check with your city to find if there is any “view ordinance” in your neighborhood.
But, absent some physical damage, California law does not provide any relief for the offended neighbor - unless they can prove the tree was improperly maintained.
If so, you’re lucky – you’ll be able to get your neighbor to remove any tree(s) blocking a view that existed at the time of purchase or Reviews: Surprisingly, the answer is “No.” In the case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line. You must take into account the health of the tree.
Feb 21, Property owner’s are often upset when a neighbor’s trees drop leaves, or fruit, or branches, or even limbs onto their property. But, absent some physical damage, California law does not provide any relief for the offended neighbor – unless they can prove the tree was improperly maintained. Whether it is falling leaves, trees pests, branches that fell, or a large branch overhanging your garage, tree care can sometimes cause some pretty big arguments. A good neighbor can be extremely helpful with tree care, but a bad one can make you start questioning what your rights and.