Who's Responsibility

[napamac]

We have a recent complaint about our HOA trees growing over the fence into a neighbors yard . . . the neighbor's HOA feels that we should be responsible for trimming them back.

It is our understanding that even if trees grow over a fence on to another property, it is to be maintained, if necessary by the neighboring land owner.

Please set us straight on this matter... and maybe forward a link to the actual California Law so we may present it to the neighbors HOA.

Thank you

 

[jharris352]

The tree is the responsibility of the owner, regardless of where it grows. Find where it goes into the ground. Whoever owns that part, owns the whole tree and is responsible for it. When it crosses the property line (even in the air) it is now on someone else's land and they can require that you trim it back or they can trim it back for you and BILL YOU. If limbs or anything from the tree fall on to the neighbor's property and cause damage the owner of the tree will be responsible.

 

[napamac]

If that is so, how do we protect our HOA (legally) if we have to go on the neighboring property to trim the trees?

Thank you for your assistance.

 

[dee_dub]

You get the neighbour's permission to enter the property to cut the trees. Since they are demanding you cut the trees, it should be forthcoming. And you don't break anything while you're there.