How to Handle Tree Encroachment with Your Neighbor
Experts agree that the best way to deal with tree encroachment is to begin by talking to your neighbor about the offending tree or trees.
“It’s important to remember that your goal is not only to alleviate the encroachment problem, but to remain on good terms with your neighbor,” said Riverside arborist and attorney Randall Stamen.
Steps to Take When Addressing the Issue
Randall Stamen suggests the following approach:
- Be friendly: Don’t immediately send a certified letter. “You’re just escalating things,” said Stamen. Choose a calm moment and explain the issue without blaming. Offer potential solutions.
- Offer to share costs: Propose splitting the pruning costs, or if you’re capable, offer to do the pruning yourself—with your neighbor present.
- Send a neighborly letter: If a face-to-face discussion doesn’t resolve the issue, write a polite letter reiterating the problem and suggesting solutions. Send it via regular mail.
- Send a certified letter: If the initial letter goes unanswered, follow up with a more formal but courteous certified letter.
- Mention HOA rules: If you’re part of a homeowners association and the encroachment violates CC&Rs or landscaping standards, reference these rules in your letter.
- Contact your HOA or an attorney: If there’s still no response, contact your HOA or have a lawyer write on your behalf.
- Consider mediation: Suggest involving a neutral third-party mediator to reach a solution.
- Legal action: As a last resort, hire a lawyer and pursue a lawsuit.