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Limb Laws – California view
I came across this article just about an hour ago. I have removed all references to the attorney who gave this opinion. I thought it was worth a post, I am sure just about all of us has been called to do a “tree survey.. whose tree is that??”
Can you trim your neighbor’s tree if the branches are over your yard?
If my neighbor’s tree branches hang over my yard, can I trim them? Yes. By law, one has the right to cut or trim branches and limbs that extend past the property line. Beware that the law allows tree trimming and tree cutting only up to the property line. One must not go to the neighbor’s property and destroy the tree. Destruction of the tree would be a liability on your part and you could be found liable for up to three times the value of the tree.
Reliable sources show that trees have a replacement value of between $500 and $2,500. One would be surprised to know that landmark trees, also called ornamental trees, can have a significant value close to $60,000. Another question that I get from my clients is “What if my neighbor owns a fruit tree, can I eat the fruit from the branches hanging over my property?” The answer is No, The reason is that the tree belongs to the owner of this tree, and one should not pick any of those fruits. However, some local rules may have changed to allow people to eat fallen fruits on their property. If a tree trunk is encroaching on your property, or if the leaves of the tree are shedding on your yard/property, you have a right to cut those branches up to the property line. If the leaves fall into your property and cause, let’s say, blocking of your pipes, you may have no legal claims because leaves are considered a natural product. You are still held responsible for cleaning up any natural products that come or fall into your property.
Boundary trees are those where the tree trunk is divided by the property lines of two or more people. In this case, the property owners share the responsibility for this tree and they all own it. Consent for the removal of the tree is required from all owners prior to I cutting it. Be reminded that any person who wilfully removes or cuts a tree without the permis- . sion and authority of the owner of the tree is liable to the tree owner. There are cases where a storm can knock down a tree. If your neighbor’s tree limb falls onto your property due to a storm, causing damage to your house, vehicles, among other things, the court will assess the situation. The court could use the reasonable care standard to see if your neighbor took reasonable care to maintain the tree branch, or if your neighbor could have avoided this from occurring in any way. If your neighbor showed reasonableness and diligence in maintaining the tree, then the court will deem this as an Act of God and the neighbor will not be liable for the damages. The court could also find your neighbor liable for negligence and responsible for damages to your property, if the neighbor had known that the tree or its branches showed danger of falling and he/she did not do anything about it. Cities have rules and regulations making property owners comply with maintenance of trees to keep dangerous conditions out of the property and out of other’s properties.
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9 Replies
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> …. Another question that I get from my clients is “What if my neighbor owns a fruit tree, can I eat the fruit from the branches hanging over my property?” The answer is No, The reason is that the tree belongs to the owner of this tree, and one should not pick any of those fruits.
>This part struck me funny..
The answer is No, The reason is that the tree belongs to the owner of this tree, and one should not pick any of those fruits.
Gee, you would think the attorney could have added…However, if the branches are into your yard, just cut them down and then pick up the fruit that lays on the ground and is no longer a part of the neighbors tree.
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> However, if the branches are into your yard, just cut them down and then pick up the fruit that lays on the ground and is no longer a part of the neighbors tree.
Paul I was thinking that very same thing reading that and then read your 2nd post. GMTA Buddy!!! 🙂
Seems like the trees have almost the same rights as humans. Next thing you know they will be registered voters. 😉
Admins Wife -
The probably do vote in IL Angel!
Ask any Chicago politician how the dead people turn out is every election.
Shoot, if a dead person can vote, then why not a living tree?
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Angel
> > However, if the branches are into your yard, just cut them down and then pick up the fruit that lays on the ground and is no longer a part of the neighbors tree.
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> Paul I was thinking that very same thing reading that and then read your 2nd post. GMTA Buddy!!! 🙂Angel..the reason the fruit of the tree is off limits is because it is a marketable item, so even if the fruit bearing limbs were cut off at PL, the fruit on those cut limbs still remains the property of the tree owner. I made the second post in a jesting manner..
If we explored further though, the fruit is borne by the limbs, and cutting down a limb at any time could be argued that it is creating a hardship for the tree owner because it has denied the owner of any future fruit from those cut limbs.
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Angel
> Angel..the reason the fruit of the tree is off limits is because it is a marketable item, so even if the fruit bearing limbs were cut off at PL, the fruit on those cut limbs still remains the property of the tree owner. I made the second post in a jesting manner..
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> If we explored further though, the fruit is borne by the limbs, and cutting down a limb at any time could be argued that it is creating a hardship for the tree owner because it has denied the owner of any future fruit from those cut limbs.Good point. So what happens if the tree bearing fruit drops the fruit in the neighbors yard and the neighbor wont let the tree owner come and pick the fruit up because technically it’s in their yard, not the neighbors. I’ve always wondered that when one has an idiot for a neighbor. It could start a big feud. Fortunately I share all my bounty with my neighbors so I don’t have that problem. 🙂
Admins Wife -
Angel
> > So what happens if the tree bearing fruit drops the fruit in the neighbors yard and the neighbor wont let the tree owner come and pick the fruit up because technically it’s in their yard, not the neighbors. I’ve always wondered that when one has an idiot for a neighbor. It could start a big feud. Fortunately I share all my bounty with my neighbors so I don’t have that problem. 🙂
Dang, Angel…
I’ll bet that kind of neighbor wouldn’t give back your baseball that you hit trough his picture window…
DDSM
(just offer to trade his fruit for your ball) -
Angel
> Good point. So what happens if the tree bearing fruit drops the fruit in the neighbors yard and the neighbor wont let the tree owner come and pick the fruit up because technically it’s in their yard, not the neighbors.
The neighbor has every right to refuse entrance into thier yard..right? I would say that the tree owner is just out of luck. There seems to be a cutoff point about the fruit when it dislodges from the branch. I would liken it to personal items being placed in a trash can ready for pickup at the curb of the public street. Those items are considered to be non owned, so anyone can take what they want out of the trash can.
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Paul
I never thought about fruit hanging over a property line and who could pick it. I would have thought the fruit on the neighbor’s side would be kind of like the branches, the neighbor could do what they want with it without harming the tree.
As far as people picking through trash, I think that’s illegal around here. It seems I heard of people getting in trouble for gleaning items out of the piles of stuff people put out on the curb. I wish they had that program around here, but I could fill up the curb for about half a mile with the stuff I’d like to get rid of, plus we don’t have curbs so dumping the stuff in the ditch would be kind of a mess.
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Paul
> I never thought about fruit hanging over a property line and who could pick it.
Either have I Steve, it just happened to be mentioned in the article I posted
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