Can I make my neighbor trim his tree California?

You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.

How do you approach a neighbor about a dangerous tree?

Step 1: Talk face-to-face. If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree.Step 2: Request a tree inspection.Step 3: Write a letter.Step 4: Take legal action.Step 5: Document damage.

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Notice to Landowner of Damaged Tree that Poses Threat to Property of...

Santa Clara California Notice to Landowner of Damaged Tree that Poses Threat to Property of Adjoining Landowner

Name: Santa Clara California Notice to Landowner of Damaged Tree that Poses Threat to Property of Adjoining Landowner
Brand: US Legal Forms
Rating: 4.8 (420 reviews)

Category:

Real Estate - Notices

State:

Multi-State

County:

Santa Clara

Control #:

US-01140BG

Format:

Instant download

Description

A landowner is entitled to make reasonable use of his or her property. However the use of one's property in a negligence manner by failing to remove a tree that poses a significant danger to adjacent property can cause the negligent landowner to be financially responsible for any such damages.

How to fill out Santa Clara California Notice To Landowner Of Damaged Tree That Poses Threat To Property Of Adjoining Landowner?

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FAQ

Dear Neighbor's name / If unknown, just address as 'Dear Neighbor', I live at address. I am writing regarding the concerns I have about the potentially dangerous tree(s) in your yard. The property owners have a legal duty to make sure that their trees do not pose a danger to neighbors or their property.

You have a common law right to prune back parts of a tree or hedge growing over the boundary into your property (subject to any legal restrictions being overcome first such as Tree Preservation Orders or conservation areas) but you cannot compel the owner of the trees or hedge to carry out this work or pay for it.

If the trunk straddles the property line (even if it has grown that way after starting out entirely on one side), then the tree is shared, and neither neighbor is permitted take action to trim, treat or cut down the tree without the other's consent, and both are responsible for it.

You may not cut down the tree. You need permission to enter the tree owner's property. You cannot injure the tree when trimming. Trimming may only occur up to the boundary line between properties.

Ownership and Care An owner is responsible for making sure that a tree, including its limbs and roots, are not at risk of causing any damage. However, because trees grow not only up but out, it is common for tree branches to overhang abutting property.

Trees are the responsibility of the owner of the land on which they grow. We do not have the powers to ensure that people carry out regular tree maintenance. We advise tree owners to have trees inspected at regular intervals by a competent person, and also after major storms if you have any concerns.

Trees that are actually on highway land are almost always presumed to be the responsibility of the highway authority, regardless of when they were planted, and regardless of the strict position in law as to ownership.

Step 1: Talk face-to-face. If your neighbor's hazardous or dead tree is making you feel uneasy, the one thing you can't do is march next door and cut down the tree.Step 2: Request a tree inspection.Step 3: Write a letter.Step 4: Take legal action.Step 5: Document damage.

Miller & Starr, California Real Estate (4th ed. 2020) § . If the branches of a neighbor's tree are hanging over your property, you can remove those portions that hang over your property, whether or not they cause damage. However, you cannot cut the branches beyond the property line.

The safety of trees is nearly always the responsibility of the owner of the land on which they grow; but there are some exceptions, such as when a rental agreement requires the tenants of a property to manage the trees.

More info

Because most landowners have, or live next to, trees, it's helpful to know some basics about tree law. Every tree owner has a general duty of care to ensure their trees do not pose an unacceptable risk to other people on or adjacent to their land.Complete the Street Address and one of the Formal Land Descriptions. , a property owner or developer). Land owners but has not been utilized in Santa Clara much in past. City of Los Altos Property Blight and Nuisance Abatement Ordinance. Does not threaten human life or private property and how to prioritize suppression. Policy WF-3: Work with adjacent landowners and fire agencies to. Applied to fee land in the watershed pose risk to water quality.

The policy allows for the property owners (such as those holding water rights, or landowners adjacent to areas that a project would affect) to apply to get a permit to remove weeds and other vegetation within one mile of a watercourse that runs through their residence. Applicants must also provide a plan for control. The policy does not guarantee the removal of weeds and vegetation; however, it provides property owners with the option to apply for a permit. They could opt to accept no weed/no vegetation control or to request additional mitigation such as a buffer zone, buffer space, or removal of vegetation from existing structures. There is no cost to applicants, so the cost of the permit is largely dependent on whether the applicants choose to pursue the option. If a project involves the removal of vegetation, the applicant would have to pay an extra 1,000 per acre for the extra weed clearance or 2,000 per acre for the “other mitigation”.

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The materials in this section are taken from public sources. We disclaim all representations or any warranties, express or implied, as to the accuracy, authenticity, reliability, accessibility, adequacy, or completeness of any data in this paragraph. Nevertheless, we make every effort to cite public sources deemed reliable and trustworthy.

Santa Clara California Notice to Landowner of Damaged Tree that Poses Threat to Property of Adjoining Landowner

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