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Another Courtroom Supports Trimming

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In the Jan. 24 “Real Estate Q&A;,” Robert J. Bruss wrote that if a neighbor’s overhanging limbs are on your property, you have no recourse in Small Claims Court.

In the Jan. 31 “Real Estate Q&A;,” another reader wrote that Bruss was wrong and that he had the firsthand experience of taking his neighbor to Small Claims Court to collect for the expense of trimming the neighbor’s tree.

Bruss wrote that the judge was wrong to side with neighbor asking for reimbursement.

I am on the board of a homeowners association that had to trim the overhanging limbs of a neighboring landlord’s trees. We did so because his trees were hitting our roof and starting to cause damage to the roof.

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After trimming the trees and taking this man to Small Claims Court, we too won the judgment for reimbursement of the tree trimming. I represented our condo association.

The judge made it very clear that it is the responsibility of property owners to trim and maintain trees on their property only so as not to cause damage to neighboring property.

I suggest that Bruss read the law again. Our case was in the Van Nuys court, if he should want to review the records.

SUSAN IMMERBLUM

Via e-mail

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