Annoying neighbors

[figmo]

There's a couple living behind me who have been complaining about some branches of one of my trees hanging over into their yard. I told them months ago to go ahead and cut them down, explaining to them that it was their legal right to do so.

Instead, they wanted me to pay 50% of a bill to have someone cut the branches down. I am neither legally obligated to do so nor do I have the financial resources to do so.

Today they somehow got ahold of my phone number and telephoned. I reiterated what I said. That somehow wasn't good enough for them, so they had the police intervene for "conflict mediation." The officers at first were taking the couple's side, but I was able to have one of them come into my house where I explained my situation and the legal situation. It was clear neither officer knew what the law in this regard was. The cop was trying to talk me into renting a chainsaw and having "a guy come in and cut the branches down." I explained this was utterly ridiculous.

IIRC if I tell the neighbor to "go ahead and cut whatever is on your side," they can legally do so and are absolved from any potential lawsuits on my part. IIRC I am not at all legally responsible for the part of my tree that hangs over onto their property.

The neighbors are now threatening to take me to small claims court over this. I am L-I-V-I-D.

Comments

[redaxe.livejournal.com]

What you say sounds reasonable. IANAL, nor do I play one in any entertainment forum. But this is what I'd do:

I would be certain of the law so I could decide on the next step. (That may mean consulting an attorney, or researching the law yourself.) If in fact the neighbors have no claim (after verifying the law), you might wish to notify them of this in some way that can be demonstrated later -- a certified letter, for example. If they then pursue their claim, you not only have a preset defense, but you might want to enter a counterclaim for harassment (and certainly to recover legal costs of defending against their meritless action).

The answer to the cop's attempt to have you "rent a chainsaw etc." is "that sounds great. I told them they could do that; I can't and don't need to."

Good luck kicking some coccyx on this one; it sounds as if your neighbors want the results without doing the work. Too bad for them.

[cellio]

I agree with this. It sounds like they're bullies, so be certain you're right and then counter-claim if they sue (or continue to harrass) you.

[figmo.livejournal.com]

Warren says I might want to go to the District Attorney's office and report the neighbors' harrassment of me (he used to work in the DA's office years ago).

Agreeing with Redaxe

[markiv1111.livejournal.com]

Redaxe has probably said all that needs to be said. The thing I would add (having worked as a legal secretary for four or five years in the past, which mainly convinced me of how little about the law I really know) is that in small claims court, you have a pretty good chance -- I mean, the judge is going to *have* to know the law! (That's one of the reasons they're judges.)

By the way, do the neighbors *sound* convincing -- do they talk in a fashion that sounds reasonable and well thought out? I know *you* do -- looking at your part-time day job working in radio. Like it or not, this factor may play a part in a small claims court decision -- although the law seems pretty clearly on your side even so.

Nate

Re: Agreeing with Redaxe

[judith-s.livejournal.com]

Small claims court judges sometimes know the law, and sometimes, they're just lawyers who volunteer as pro tem judges and know less about tree law than you do. And I say this as someone who is a volunteer small claims court pro tem judge. :)

That said, you can and are encouraged to bring copies of the relevant law to small claims court and educate the judge.

[klwalton.livejournal.com]

AFAIK, you are not obligated to pay for the trimming of tree branches overhanging another's property. As a matter of fact, they are free to trim the limbs back to the property line (as long as doing so doesn't threaten the life of the tree) without your permission. Are the limbs causing any kind of damage to their property?

[figmo.livejournal.com]

Are the limbs causing any kind of damage to their property?

No. They're claiming the tree limbs or tree itself could cause damage in the future.

[klwalton.livejournal.com]

From everything I know (and I am *not* a lawyer, but I have neighbors who allow their oleander to overgrow, hang over our fence and drop blossoms in our swimming pool, which stain the plaster), the fact that they can trim the offending branches is relief. They can't sue you for possible or future damage, only damage that has occured. They have it in their power to prevent the damage.

We regularly trim back their oleander to the property line, and we haul the stuff away.

Were I you, I'd keep a CYA file, and if they persist, consult a lawyer expert in this kind of thing.

[gailg.livejournal.com]

Unless you can point to the code yourself, it might be worthwhile to call a lawyer for a consultation (check the yellow pages--some will do this for free, some will even give minor advice over the phone). I know that California has laws specifically regarding trees extending past property borders but I don't remember what they say exactly, and even if I did I couldn't advise you.

I can advise you though to be absolutely sure that you are in a strong legal position. Going to court--even small claims court--even if you're not liable for anything.

Yes to Judith

[markiv1111.livejournal.com]

It looks as though, in my effort to give encouragement without giving legal advice (which I am not qualified to give) I gave bad legal advice anyway. Judith obviously knows a *lot* more about it. (Question to Judith: Are you in California? This is the kind of thing that might vary from state to state -- though I'm nervous about saying even that much, having been wrong an hour ago.)

Nate

Re: Yes to Judith

[judith-s.livejournal.com]

Yes, I'm in California. I even sent Lynn a link to a web site that discusses the current law. And no, this isn't my area of law, and I know very little about it. Also, various cities can impose separate rules.

Start by clearing up some misconceptions

[justeps.livejournal.com]

Go to www.nolo.com; select

property & money > real estate
from the drop-down menus

Click on

Neighbor & Home-Related Disputes
under Main Topics

Click on

Trees FAQ
under Related Articles

Re: Start by clearing up some misconceptions

[figmo.livejournal.com]

Fascinating. The dirty bastards are trying to use the "her tree could threaten our property" bit to try to arm-twist me into trimming the branches.

Even the cop had to agree my tree itself wasn't actually threatening their property.

Btw, welcome to LJ (I didn't know you were on it!); I've added you to my Friends list so you can read all the dishy stuff. :-)

Re: Start by clearing up some misconceptions

[sdorn.livejournal.com]

The last point on Nolo's page is that they'll have to sue in regular court (not small claims court) and have proof that the tree really does pose a danger. In my opinion, their Neighbor Law book is a remarkably useful resource. See if your local library has a copy, as the book has some good advice on writing polite and clear letters to neighbors as a first step to resolving problems (and as a CYA maneuver). My (IANAL) instinct would be to focus narrowly on their concerns about the one branch (and specify that number, too) and to give them explicit, written permission to cut back branches to the property line.

We used that book to good effect when some overzealous neighbors one day cleaned up our yard and then implied somehow that we had been negligent because we had weeds in our yard and because we let some of the fallen leaves stay on the ground to rot—and didn't get out to help them in their efforts. So I wrote a cheerful letter that nonetheless made clear that they were not to go on our property and try to do any groundskeeping. At least for the last few years, we haven't had any such overzealous yard micromanagers. In any case, the book is definitely recommended.

The first rule

[capplor.livejournal.com]

in such circumstances is DOCUMENT, DOCUMENT, DOCUMENT. As best as you can recall, write down what was said, when, when the police were called and anything else relevant. (If they follow through, you may need to pay for a copy of the police report. Document any costs you incur).

Re: The first rule

[figmo.livejournal.com]

Consider it documented.

(Btw, added you to my Friends list -- welcome to LJ!)