Is my neighbor responsible to cut the tree branches that are hanging over on my property?

Generally, yes, and their homeowner's insurance may even cover some or all of the damage to your property. "A landowner is responsible "for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury on himself." Civil Code § 1714; Civil Code § 3514 (general obligations to others).

But the courts always require reasonableness, and this is essentially a neighbor issue that happens to be about trees and your wall and gate. So the1st thing to do is talk to your neighbor and explain the problem -- they may not even know what's going on with their ficuses and your wall and gate. Don't forget you have to live next door to these people, so start out friendly, and you may get a friendly response in return.

Don't use self-help and just have someone remove the ficuses -- there are penalties, including civil double and triple damages, and criminal violations providing for jail time of up to 6 months, for wilfully injuring a tree, even one that's causing damages. Civil Code § 3346, Code of Civil Procedure § 733, Penal Code §§ 384a and 622.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

On a practical level - be kind and ask your neighbor to repair it, remember they are your neighbor and you two can make each other miserable for years - and I know neither of you want that.

Ask them in a way that says - you know it's know their fault that plants do what plants do, but you don't want them to be responsible for anymore damage because you like them.

Take Note: Common Sense and this environment (the internet) require me to remind everyone that this answer isn't legal advice, and shouldn't be relied upon. Remember-every state has different laws, rules and regulations and each person's situation is fact specific, and it is impossible to evaluate a legal problem without a thorough evaluation and review of all the facts and documents at issue, including potential investigation. By answering or posting information here, it doesn't create an attorney-client relationship.


Good luck with your situation.

Matthew Williamson