My neighbor cut my tree without my consent

L

lauren1002

Guest
Jurisdiction
California
Today, we noticed that my neighbor had hired unlicensed contractors to cut down a tree that is placed in my yard that has one thick branch growing into her yard. The thing is, is that her plants have been growing over my fence since she moved in. I can no longer see the top of my fence because of these plants.

Anyways, her unlicensed contractors had no way of cutting down this particular part of my tree other than using a tall ladder and reaching into my yard or trespassing without my knowledge. They cut so low that they began to cut one of the three stumps of the tree. She claims that the tree is dead, when it is obviously completely alive and growing.

Do I have grounds to at least fine her for the destruction of my property without my consent? If so, what actions can I take to do so? I want to let her know that it is illegal for her to damage or destroy anything that is on my property without actually taking her to court for her petty actions.
 
You can't fine her.
Only a court can fine her upon conviction for violating some law.

You can complain to the police and see of the police will investigate and issue her a citation for some local ordinance violation.

You can also bring a suit against her in small claims for damaging (maybe destroying) your tree, as well as trespassing upon your property.

The lawsuit will at least put her on notice to stay off your property.

She had the right to trim branches hanging over her property.

Such right didn't allow her to trespass upon your property to cut your tree down.

Good luck.
 
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