Who is responsible for maintaining a tree?

[Cyberowl]

I rent an apt from a landlord. She let me install a satellite dish on the roof and so I had the satellite company install one.

Recently, my satellite reception was getting bad so the satellite guys came out. There is limb from a tree that is obstructing the line of sight of the satellite dish. This is a recent development - I've had the dish for over 4 years now.

The tree that is obstructing the satellite dish is not on the property of my apt complex. The complete tree is on the property of a neighboring apt complex. It's just that the tree grew over the fence and has 3 limbs that are way over the fence line and over my complex.

I've talked to the satellite company and they said that it's up to me to resolve it.

My landlord does not want to pay for a tree cutting service because she said that the tree is not hers to cut.

I've visited the neighboring apt. complex and had their property manager walk with me to the tree to point out the problem but she's giving me the runaround and claiming that she doesn't have the money to trim the tree.

I've also called my city but they said that this tree nuisance is on private property and they have no jurisdicition over it.

According to California property laws, who is responsible for trimming the tree limbs? This is a nuisance because I cannot use my satellite service.

Thanx,
Cyber...

 

[jharris352]

This is a nuisance to you, but not a legal nuisance. No one has a duty to make sure you have a clean line of sight to the satellite. If you want them cut, get the apartment manager's permission and cut them at your expense. Sorry.

 

[Cyberowl]

But how can that be when the tree is intruding on someone else's property?

What if the tree limb died and fell off and damaged something on the property in my complex? Wouldn't the neighboring apt complex be responsible for the damage since it was her tree that caused it?

 

[jharris352]

But how can that be when the tree is intruding on someone else's property?

The Apartment complex doesn't care if it is intruding. YOU care and you don't own the apartment complex. If you owned the complex, you might have an argument. If you can get your manager to care they can get it cut, but they aren't going to care unless it affects them.

What if the tree limb died and fell off and damaged something on the property in my complex? Wouldn't the neighboring apt complex be responsible for the damage since it was her tree that caused it?

Yes, but the tree isn't dead, hasn't fallen, and there is no damage. You want it moved not for safety but because it blocks your satellite view. If you want the view, then YOU have to pay to have the tree pruned. I'm sure they will allow it if you pay for it. No one else is responsible to have it pruned.

Sorry