Sponsored: When the kumquats keep dropping and the yard feels like it’s shrinking, how can you make a sticky situation more bearable?

Q: Yesterday, while sitting in my front yard, I heard a loud crash. Upon investigation, I found another tree branch loaded with kumquats in the back of my property.

We hide our bins as well as the trash can in this yard behind a detached garage. Twenty years ago, I first tried to create a private patio in that yard space, but a large kumquat branch broke off and destroyed a 2-day-old $335 propane patio heater. So we moved the patio to a less private yard space. We then put in a children’s play structure, but the neighbor’s kumquat tree branches kept creating a mess of a health hazard for our grandchildren. The decomposing kumquats and accompanying leaves bring moldy issues and all sorts of insects, which also means a garden is out of the question. Ten years ago, we hired a reputable arborist to inspect the kumquat tree. The arborist took one look and proclaimed, “There is nothing wrong with that tree.” We had hoped the tree was dying, and if so, we’d ask the city to force the owner to remove it.

Due to this tree owner, we have crowded our remaining yard with a play structure, garden and patio. Keep in mind, the kumquat tree owner is our only neighboring homeowner who broke his or her word to share the cost of a “good neighbor fence.” What do other homeowners in our position do to mitigate this situation? And if we had to sell, isn’t this a disclosure issue?

A: I bet that what fell out of the blue sky into your yard was so large, that the branches, leaves and kumquats completely covered the bins that you described. Regardless, bad neighbors are a disclosure issue with carefully worded statements. Real estate attorneys remind us that a property owner can trim the tree branches and roots back to the property line. But, in California, if you damage the tree, you could be responsible for financial damages; see Trespass to Timber — (Civ. Code, § 3346). Additionally, intentionally damaging a tree can result in jail, fines and other penalties, according to California Penal Code sections 384a and 622. It is best to hire a tree-trimming firm with an arborist once or twice a year. The cost will improve your lifestyle, property and peace of mind.

Realtor Pat Kapowich is a career-long consumer protection advocate and Certified Real Estate Brokerage Manager. Contact him at 408-245-7700, Pat@SiliconValleyBroker.com DRE# 00979413 SiliconValleyBroker.com  YouTube.com/PatKapowich

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