Articles

Tree Disputes in California

By: Owen Chen

Updated: September 20, 2023

Disclaimer:

I am not a lawyer. This article is general information and not legal advice. Consult a qualified legal professional for your specific situation. No liability is assumed for any consequences resulting from using this information.

Introduction:

Trees and vegetation not only contribute to the beauty of California's neighborhoods but also serve as frequent topics for disputes. Here's a breakdown of California Civil Code sections 833 and 834 and related issues.

California's Civil Code:

Section 833 mandates property owners to keep their trees and vegetation from becoming hazards on public roads. Negligence in this duty can lead to liabilities for damages, especially if these trees cause accidents.

Section 834 addresses private property concerns, where a tree's branches or roots invade a neighbor's land. The aggrieved party can trim the intruding parts but must avoid harming the tree and must stick to their property boundary.

Key Points in Neighborly Disputes:

1. Ownership: A tree's ownership rests where its trunk stands. If the trunk spans two properties, both owners share the tree, commonly termed as "line trees."

2. Local Government Role: Cities have a duty to care for trees on city property. Residents can check with their local city hall about tree ownership. If trees on private land interfere with public spaces or violate ordinances (such as blocking views, being diseased, or in fire zones), the city can step in.

3. Utility Companies: They can trim trees threatening their equipment. If you spot trees near power or telephone lines, it's best to alert the concerned utility company.

4. Homeowners Association (HOA): Living in an HOA-regulated area means adhering to Covenants, Conditions, and Restrictions (CC&Rs). These can dictate tree-related rules, and any violations can be reported to the association.

5. Right to Self-Help: California law allows residents to trim encroaching tree parts from a neighbor. But there are clear guidelines:

   • Do not cut the entire tree.

   • Get permission before entering the tree owner's property.

   • Trimming should not harm the tree.

   • Trimming should only be up to the property boundary line.

   • Employ professionals to avoid inadvertent harm.

6. Communication with Neighbors: Before taking action, talk to your neighbor. If larger branches need removal, discussing could lead to shared costs or more amicable solutions.

7. Handling Refusals: If discussions don't help, consider sending a respectful demand letter. Highlighting your right to self-help or legal recourse might prompt resolution.

8. Mediation: It’s a viable alternative. Instead of court battles or self-help, a neutral mediator can help resolve disputes amicably.

9. Lawsuits: California law assesses the gravity of the problem. For significant issues:

   • Encroaching branches or roots causing damage.

   • Dangerous or poisonous trees.

   • Trees deliberately planted by the owner.

   • Court resolutions might require an attorney and possibly a trip to small claims court, depending on the damages.

Why is this important?

Amy Harris from State Farm explains, "If your neighbor's tree falls on your property, you're generally responsible." Exceptions arise if the homeowner was neglectful, and the tree was in poor health. Harris advises policyholders to reach out to their agents annually and before contacting tree removal services. She also emphasizes choosing licensed and bonded services.

Conclusion:

While Californians have the right to trim encroaching tree parts, maintaining good neighborly relations should always be a priority. When disputes arise, it's always beneficial to understand your legal rights and consult professionals, ensuring mutual respect and understanding.

Additional Resources:

https://rafu.com/2013/06/it-pays-to-know-california-tree-law/

https://aoausa.com/tree-law-all-you-need-to-know-by-dale-alberstone-esq/