The Golden State: Where & How to Live, Secure, Visit, Enjoy and Thrive in California
15 Basic Ways To Landscape Your Homepage
Most litigation arises as a result of trees. Assume that a tree trunk is partly on one piece of property and partly on an adjoining piece of property. Each owner has an interest in the tree, neither can unreasonably injure or destroy it, and it has even been held that one owner could nor cut away that portion of the tree which extended onto his land if it would result in injury to the tree. Other litigation arises where a tree grows upon one piece of property, but its roots or branches grow under or hang over the land of an adjoining owner. Generally, the law permits the owner on whose property the tree encroaches to remove branches, roots and fruit which cross over the boundary line. Some states permit an action for removal of the tree if it constitutes a nuisance.
Statutes and ordinances vary as to necessary permits for construction, and they should be consulted even if a greenhouse or sizable tool shed is contemplated.
Lien laws are also applicable, as shown in this example. A landowner hired a professional landscaper to beautify his property. The landscaper purchased plants and shrubs from a nursery which were planted on the owner's property. The owner paid the land-scaper in full, but the landscape! did not pay the nursery for the plants and shrubs. In an action by the nursery, it was held that the owner had to pay again for the plants and shrubs.
In the event of any act by another which you feel gives you a cause for action, you must act promptly. Delay in acting may result in the running out of the statute of limitations or in an easement, and the cause of action may pass out of existence.
With such a myriad of laws, rules and regulations, it is nor inappropriate to again advise consultation with your attorney.
Looking Out
A FREQUENT FAULT of most homes is a lack of consideration given the view.
As basic as it may seem, very few people give any thought to what is viewed when looking out from carefully designed picture or scenic windows.
Any camera will take pictures through an open window. After pictures are taken, place a piece of tracing paper over the photograph and use soft pencil to mark the desirable plants. Then coordinate these plans, as viewed from inside your home, with previously prepared plans of the outside. Often the entire program benefits from these opposite viewpoints.
