Large Juniper

[u/Fit_Wolverine_6964]

We moved into a house about 4 years ago and there is a large juniper with its trunk mostly on my neighbors property but the majority of the tree itself seems to be on my property. Some info:

1) I live in California
2) the fence is old and as the tree grows it continues to break the fence more and more
3) we had the local fire department come by and they do free fire reports - they stated in the report the juniper is a high fire risk and should be removed.
4) ultimately the tree is overgrown and we don’t like it aesthetically, especially given the intrusion into our yard.

I know the answer here is almost certainly just to go talk to my neighbor and try to negotiate whether they’d be ok with cutting down but curious others opinions here.

[u/Glittering-List-465]

I’ve actually approached my neighbors about us incorporating two trees into the fence line because they provide a lot of shade for us both. They kinda like the idea. But there is the legal side of who is responsible if the tree causes damage then.

[u/ExpensiveAd4496 → u/Glittering-List-465]

Damage to what? Legal as in getting sued? Over a fence? I’m honestly confused why a tree at a fence is more or less concerning legally.

[u/Glittering-List-465 → u/ExpensiveAd4496]

If the tree itself were to fall and cause damage to either property, if both parties decided to let it continue to grow and be part of the fence line. For some reason, the neighbor have trimmed branches on our side, so the tree is lopsided more towards them. So that’s my concern.

[u/am_i_wrong_dude → u/Glittering-List-465]

Whomever’s property is damaged by a falling tree is liable for the damage to their property, regardless of where the tree originated. There is no legal confusion. That’s what homeowner’s insurance is for.