Homeowner Must Prevent Tree Damage to Neighbor’s Home

Question: Our Chandler neighbor has two large eucalyptus trees in his back yard. Especially in the monsoon season, these trees shed a large number of seeds and leaves, and occasionally a branch, into our swimming pool and back yard. The owner of this Chandler home lives in Chicago and does short-term rentals of the home. He has refused to do anything, and now won’t even respond to our emails. How can we prevent future damage to our swimming pool, our back yard, and even to our home, caused by the seeds, leaves, and branches from these two eucalyptus trees?

Answer: In legal terms these two eucalyptus trees are a “nuisance.” Under the law of nuisance you should be able to get a court injunction against the Chicago owner to require preventive steps to protect your property. If the Chicago owner still refuses, the judge can fine him, or even jail him, for contempt of court.

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