It seems to suggest that you should be careful about trimming the roots. These sort of things vary a lot from state to state so it’s best to try to find California law if possible.[/quote]
From the link you sent:
“Patel defended his actions, citing California case law and statutes. From these laws, Patel argued that a landowner has the right to prune encroaching roots and branches back to his or her property line any way he or she chooses. The Trial Court agreed with Mr. Patel and the case was dismissed. Booska filed an appeal.
Appellate Court’s Analysis and Holding: The appellate court analyzed various cases and laws. Some laws emphasize that you generally have a right to control how you manage your own land. Other laws stress that you have a duty to consider the effect of your actions on your neighbors and their property.
The appellate Court held and concluded that, “whatever rights Patel has in the management of his own land, those rights are tempered by his duty to act reasonably”.
If their action of planting a tree so close to the property line caused damage on my side of the fence, I’d say I too have a right to sue them if they didn’t allow me to rectify the problem. They have to be reasonable too.
