Bill > HB81

This bill enacts Civil Code Article 688.1, which addresses situations where branches or roots from a neighbor's trees, bushes, or plants extend onto a landowner's property. If a neighbor fails to trim these encroaching branches or roots after a formal demand has been made, the landowner can hire a licensed arborist to trim them at their own expense, provided they first send a written notification via certified mail or commercial courier with confirmation of delivery. This notification must include specific details such as the arborist's name and credentials (which must include a license, general liability insurance, and workers' compensation insurance), the proposed removal date, and a clear statement that the landowner will proceed with the removal after thirty days if the neighbor does not act. Importantly, this bill also clarifies that a landowner can trim such encroaching branches or roots themselves without prior notification, as long as the trimming is done reasonably and does not cause significant harm to the plant's health.