Neighbor and encroachment

[dannys]

I have a property in Encino, California. There is a tree on my property that leans over the neighbors yard. Crud from the tree ends up in his pool. I've never met my neighbor but today he told my gardener that if I didn't remove the tree he would sue me. I have a week to respond.

Am I legally responsible for removing the part of the tree that hangs over my neighbors property? If I remove those branches but crud from my side still ends up in his pool, am I responsible for that? I don't mind the branches being cut. Who must pay for their removal?

Would appreciate some legal advice.

 

[dee_dub]

I don't know what the particular law is in your area, but generally, it's your tree. You don't have to remove it, but you're responsible for it, and liable for any damages the tree causes to your neighbour. If he doesn't like it, it's his right to cut it back to the property line, and to bill you for removal. You're not liable for raking up leaves that fall on his yard or pool, but if crud from the tree gums up his filtration system, gutters, etc., you can be liable for any costs for cleaning those out.

 

[dannys]

Thak you for the advice

I will look into having the tree cut, but not removed to start with.