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Can I plant leyland cypress under eucalyptus tree?
My neighbor grows eucalyptus tree on my side of yard. His side doesn't have any space to grow big tree. He doesn't want to remove it and we can't do anything because it's leaning and is unstable. If we trim it and it falls we would be responsible. We decided we have to protect our yard at all cost and decided to plant a leyland cypress under the canopy of the other tree. What would happen to leyland when it reaches the eucalyptus? Would the eucalyptus move? Could we force the neigbor to remove his tree if we had ours? Could we sue him if our tree dies? Do I have a right to have my own tree? I live in California. Help!!!
2 Answers
- sciencegravyLv 79 years agoFavorite Answer
You have a right to plant a tree in your yard. If it's a spot that is now totally shaded by the Eucalyptus, the cypress will not be happy, and may not thrive. If it's the sunny side, it should do fine. They grow quickly.
You say your neighbor's tree is "leaning and unstable". If you can get this documented by an arborist, then his tree would be deemed a "hazard". He would be responsible for taking it out. And if he doesn't, and it falls, he would be responsible for any damage, since it was a previously known hazard (as opposed to trees falling and being called "acts of god" - it's legally very different once the danger has been identified prior to the event.
You can sue him if your tree dies, unless he caused the death. But if your tree dies because his documented unstable tree falls on yours, then yes, he's responsible.
