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/attorney Randall Stamen.
He suggests these steps when approaching your neighbor:
* Be friendly. “Don’t immediately send a certified letter, as many people do because you’re just escalating things,” Stamen said. “Pick a time when you’re both relaxed and simply state the problem, without finger-pointing. Then make suggestions for remedying the situation.”
* Offer to pay for a portion of the pruning cost or express an ability to do the pruning yourself–if you have pruning skills and equipment–with your neighbor present.
* If you are unable to resolve the issue, write a neighborly letter that reiterates the problem and offers solutions and assistance. Send this letter by regular mail.* If the first letter goes unanswered, send a letter via certified mail that is more demanding, yet still courteous.
If you belong to a homeowners association and the tree encroachment violates provisions in the conditions, covenants and restrictions (CC&Rs) or breaks landscape standards within the rules and regulations handbook, mention this in the letter.
* If the second letter goes unanswered, approach your homeowners association about the problem or have an attorney write a letter for you.
At this point, attempt to have the neighbor agree to the assistance of a mediator or neutral third party.
* As a final recourse, hire a lawyer to represent you in a lawsuit.
