Tree moving fence on property line

May 24, 2010
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Posted By Dennis Hardron on 5/23/2010 at 8:19 PM

Hello to all.

I'm wondering about a legal issue concerning my fence line / property line with my neighbor. In Santa Monica, a mature tree is pushing my fence onto a neighbors property. It's tilting the fence so that the fence top is over his property. It's not at risk of falling and it isn't interfearing with anything on his property. At some point the tree may push the fence at its base. Is there any legal precedence for allowing a fence to remain in place and move with a tree. How about the tree itself--move onto property next door--besides the canopy. Property corners are marked well--lead/tack in sidewalk for the entire block of homes and it appears that the fence top has moved over the property line. Of course, cutting the fence is an easy solution; however, I am curious about the legal aspects of such an encroachment. 

Thanks for any help.

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