Of course, you could also just ask your neighbor and come to some kind of an arrangement with them. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. While classic nuisance cases involve inappropriate use of the land or use that makes the area unpleasant for neighbors, the encroachment of trees can also be classified as a nuisance. Regardless of if there is property damage, a landowner may sue her neighbor to make that neighbor trim the branches that encroach the landowner's property. Law Offices Of Stimmel, Stimmel & Smith: Encroaching Trees: Who Has the Right to Do What? The (Almost) Untouchables of California - The New York Times For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Utility companies may also have an interest in the tree's removal if the tree's condition threatens any of its equipment or causes a fire hazard. In addition, there is less sunlight that can damage and scorch the wounds on the tree. California's efforts to protect native trees, like 150-year-old coast live oak that towers over house in Santa Clarita, affect homeowners and developers when they try to alter property or disturb . This was the ruling of the California Court of Appeal in the case of Sher v. Leiderman, [1986, 226 Cal. "He who plants a tree, plants hope," wrote poet Lucy Larcom, but, these days, the line might more appropriately read: "He who plants a tree, sows discord." Any fence or other structure in the nature of a fence unnecessarily exceeding 10 feet in height maliciously erected or maintained for the purpose of annoying the owner or occupant of adjoining property is a private nuisance. Several cities have codes and ordinances that prohibit the removal of oak trees. with Section 45110 of the Public Resources Code). A: The . Our content experts ensure our topics are complete and clearly demonstrate a depth of knowledge beyond the rote. The following tree removal activities are exempted from the provisions [Pen. Joe Stone is a freelance writer in California who has been writing professionally since 2005. Director of Planning within ten (10) working days thereafter. The California Code for a Landowner's Right to Trim Trees The expert report is the key. Director of Planning pursuant to Subsection 21.64.240D. of this Section: Timber operations which are in accordance with a timber harvesting plan submitted "Noxious" means that the tree must be inherently dangerous or poisonous, AND the tree must cause actual damage. This means that it is illegal to cut down, remove, or damage an oak tree without a permit from the local government. 0000007353 00000 n At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. for the natural assimilation of nutrients, chemical pollutants, heavy metals, silt This variety of oak grows in U.S. Department of Agriculture plant hardiness zones 8 to 10 and is different than other oaks in that it stays green throughout the year.
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