Plan preparation shall Cases of emergency caused by an oak tree being in a hazardous or dangerous condition, or being irretrievably damaged or destroyed through flood, fire, wind or lightning, as determined after visual inspection by a licensed forester with the department of forestry and fire warden; The in-lieu mitigation fee was adopted by resolution (Resolution 130-2017). The encroachment of shrubs or vegetation, including a tree, upon a neighbor that causes any damage could be held to be a nuisance and damages could lie against the owner of the land on which the tree was located. In the 1984 case of Kallis v. Sones (208 C.A. It also ruled that the protections of the Solar Shade Control Act were limited to active solar collectors designed for the specific purposes of the act. 0000006371 00000 n
Talk to the individual who owns the tree and tell them about the problem. Although you can cut off overhanging branches, you cannot enter your neighbor's property to trim or remove a tree. Except in certain cases, the removal of certain native trees, such as oak trees, is prohibited in California. Can You Legally Cut Branches Hanging Over Your Property Line. By FindLaw Staff | Regardless of the type of tree, if you damage the tree by trimming branches or removing roots, you can be civilly liable to your neighbor to replace the tree. Whiletrees and neighborscan sometimes be a volatile combination, especially among neighbors who generally don't get along, it's important to know your rights and responsibilities before taking drastic measures. Anyone who engages in tree removal, tree cutting, or injury to the tree without the owner's permission is liable for compensating the tree owner. Mature Tree Preservation Ordinance | City of Simi Valley, CA And both neighbors should remember the words of John Milton: Accuse not Nature, she hath done her parts; Do thou but thine.