Interesting Twist on Tree Branches over Easement

[PatinaLazina]

CA.

I live next door to the 'neighbor from hell' who owns the property in front of my garage. I have an easement and recently the right to park my car on that easement.

The problem is my neighbor's tree do not stand straight up. They literally arc over the easement and over my car. I have bird droppings, sap from the trees, branches that fall on my car (chipped windshield last year, cracked side mirror, dented sunroof), etc.

Do I have the legal right to cut the branches over the easement where I have the legal right to park my car, even though my neighbor owns the easement? And if I cut the branches, which should be about $2500 using a cherry picker, can I sue him for the work? I wrote him a letter last year and told him to either pull the trees back or cut the branches and he ignored the letter.

I would like a legal opinion.What is the name of your state?

 

[Dave Stevens]

Im not positive, but its likely you will be responsible for the cost of trimming the trees - or at least a portion of it. The owner of the easement property is required to maintain access for you, but you are required to pay for your proportionate share of the cost. He could argue, though, that the trees do not interfere with your access and any request on your part is just your preference, which isnt his responsibility. If you could document the damage, or demonstrate that the tree presents a risk, then you could probably do it yourself and not be violating any law. Im not positive about this but it seems to be a reasonable interpretation of law.

Just to clarify, the easement that you own is the portion of your neighbors property leading to your driveway? How did you recently come across a right to park on the easement?

 

[PatinaLazina]

Thank you for your reply. I am arguing the tree trimming because the trees are at least 30 feet in the air at the lowest point. That's not an easy trim. It requires a cherry picker.

The trees grow on his land, but literally arc over my driveway only...on purpose. The trees no only present a risk, but when they are trimmed, the tops will literally be what comes off the tree, leaving a trunk only. They are eucalyptus trees. They not only pose a risk, but have already damaged my car. The trees used to be tied to the neighbor's balcony by straps to keep them straight. Now, the straps have been cut by the new owner so that they arc over the driveway and my car.

My neighbor owns the easement and the property. I have an easement for ingress/egress and there was a Community Driveway Addendum which give me community driveway rights. I've spent over $30,000 so far to win the right to 1 owner parking and 1 guest parking at one time. I'm about to try to get another owner parking so that when I sell the house, 2 owners can park in the driveway at one time. Necessity. I live in the hills and there is no off street parking.

Problem is, the current owner has done everything in his power to keep me from parking on the driveway by aiming his sprinklers at my car, neglecting the trees to keep them overhanging the easement, dumping debris on the easement, etc. I'm currently looking for a new lawyer so that I can kick his butt because he violated the settlement agreement, damaged my vehicle and caused emotional distress. I've had it with this guy.
I do believe he's resonsible for the trees because if they were standing straight up, they would not be a problem.

Im not positive, but its likely you will be responsible for the cost of trimming the trees - or at least a portion of it. The owner of the easement property is required to maintain access for you, but you are required to pay for your proportionate share of the cost. He could argue, though, that the trees do not interfere with your access and any request on your part is just your preference, which isnt his responsibility. If you could document the damage, or demonstrate that the tree presents a risk, then you could probably do it yourself and not be violating any law. Im not positive about this but it seems to be a reasonable interpretation of law.

Just to clarify, the easement that you own is the portion of your neighbors property leading to your driveway? How did you recently come across a right to park on the easement?

 

[IndianaOwner]

The first question is, why did you buy a home that had no parking and no offstreet parking? There must be something more going on here in that the neighbors uses that property too and he feels that you have pushed your way to aggrivate him on HIS property. I would guess you started the legal war??? What you two need to do is make peace with the situation and you trying to get yet another vehicle parking spot will only escalate the matter. The bottom line is be careful what you buy.

As far as cutting the branches that are 30 ft in the air, I would say no, you do NOT have the right to cut tree limbs hanging over an easement (hanging over YOUR property would be different) if those limbs are NOT interferring with the purpose of the easement ingress/egress. 30 feet is way to high unless you have a really really tall car! You claimed damages from the tree just are not believable from what you wrote. You are grasping at straws and need to focus on a solution, not retribution.

 

[PatinaLazina]

I didn't start the legal war. He did. I live in the hills and there is no off street parking...at all on either side of the street. He has no right to use any of the easement because it interferes with my ingress and egress, but he owns the property.

The damage to my car is from a storm last year, after I wrote to him to tell him of his overhanging branches. He ignored and my car was damaged. You are assuming a lot!

The first question is, why did you buy a home that had no parking and no offstreet parking? There must be something more going on here in that the neighbors uses that property too and he feels that you have pushed your way to aggrivate him on HIS property. I would guess you started the legal war??? What you two need to do is make peace with the situation and you trying to get yet another vehicle parking spot will only escalate the matter. The bottom line is be careful what you buy.

As far as cutting the branches that are 30 ft in the air, I would say no, you do NOT have the right to cut tree limbs hanging over an easement (hanging over YOUR property would be different) if those limbs are NOT interferring with the purpose of the easement ingress/egress. 30 feet is way to high unless you have a really really tall car! You claimed damages from the tree just are not believable from what you wrote. You are grasping at straws and need to focus on a solution, not retribution.

 

[IndianaOwner]

I guess I hit a nerve...I was just being blunt in my reply.

 

[PatinaLazina]

You are a nuisance. I came here for constructive advice. May you reap what you sow.

I guess I hit a nerve...I was just being blunt in my reply. I'm not a farmer, but I did stay at a Holiday Inn Express last night. LOL It would appear from your unkind reply that you deserve whatever problems you have. With that said, I'm sure the neighbor will grant a second car parking rights to a new owner just to get you to move. I know I would. Just because you're paranoid doesn't mean the 30 foot high trees aren't out to get you! Please post the contact info for your neighbor so that I can give him some more ideas...such as putting up bird feeders to attract more birds.

 

[IndianaOwner]

If you don't like my assessment of the matter, then disagree without shooting the messenger. Where is Judge Judy when you need her???