If you live in Los Gatos, or anywhere along the Santa Cruz Mountains like Almaden, Saratoga or Los Altos, you probably live with trees very near your home, as the San Jose area values its "urban forest". And often enough, those trees arch over fences and property lines.
Ever wonder how tree ownership works in regard to property lines? Well, last week I found out. I had a tree and property line question here in Silicon Valley so called the California Association of Realtors legal hotline and spoke to an attorney about it. (The lawyer referenced case law and sent me info on it: Miller and Starr §§ 14:15, 14:16.)
If the tree trunk is located wholly on one property, the tree is "owned" by that property owner. Even if the branches go over the property line. If the trunk straddles the property line, you have a shared tree.
What about trimming those branches that go over a neighbor's yard?
First of all, this is the wrong time of year for trimming trees. It is best to do it in spring. But if tree branches are an issue for someone now, the neighbor with the branches reaching onto his or her yard has the right to trim those branches back to the property line (and pay for it himself or herself). The neighbor cannot demand that the tree owner pay to trim the branches. And the neighbor cannot harm the tree or kill it (or chop it down). If the neighbor harms the tree, he or she could be liable for damages.
This is also true of the roots. The neighbor can trim the roots if they are really causing a problem, but cannot harm the tree. Cutting back roots can cause trees to die or become so unstable as to fall down, so trimming roots should be the last resort.
The tree owner's responsibility regarding the tree and the property adjacent to it is simple: if the tree harms the neighbor's property, the tree owner could be liable for damages. So enormous oak trees with limbs hanging over a neighbor's roof could spell disaster (oak trees are known for simply dropping big branches on hot summer days). Tree branches interwoven with phone lines could be a problem in a winter storm too.
It's always best to talk with the neighbor before doing anything, of course, and to give them a little notice. If you're the neighbor, ask when the tree owner wants to trim the tree.(It will probably be in spring.) If you're the tree owner, ask your neighbors when you plan to trim your tree if they'd like you to trim the part hanging into their yard too. Some will say yes, and some no!
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Post Script:
Please note that I am a Realtor, not a lawyer, and cannot give you legal advice. In many states, you may trim the branches up to your property line or pay someone to do it for you, as long as you do not harm the tree or go beyond your own property line.
If you have a question, please do not mark it as "private". I will not get your email address and will be unable to answer you privately. Answers will be posted here.
Should you require legal help and cannot afford a private attorney, please find your local Legal Aid office, which will provide low cost or no cost legal services.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Barrie Leonard Date: Dec. 26, 2007
I was just served papers for small claims court by my neighbors friend due to a tree that drops pine needles on their roof whenever the wind blows in that direction. The branches do not cross the property line ... their issue is the needles. I have cut the tree back in an attempt to please them, but they want the tree removed. I enjoyed your article, but cannot find anything online regarding the case law stated in the article (Miller and Starr §§ 14:15, 14:16) and I would like to bring something to court to submit as evidence. Can you please direct me to your source?
I'm sorry to hear that you were served with papers. I guess the neighbors feel that the pine needles are a nuisance.
My source for the over the phone for the California Association of Realtors Legal Hotline. Her source was the case law cited above, which addresses branches but not pine needles (or sap or other fallout from trees). So I'm not sure if that case law would help you.
However, all case law is findable online. The decisions are availble through Lexis Nexis at no cost and perhaps you'd like to wade through those. It does involve registering but is very simple to use. Visit http://www.courtinfo.ca.gov/opinions/ which will eventually lead you to http://www.lexisnexis.com/clients/CACourts/ click the button for a combined search and type in the phrase you want to search. I did not try pine needles (or sap - might be relevant since it can also come out of a tree) but you might want to give that a try.
Barrie, when you get through this, would you mind letting me know what the small claims court judge has to say? I would like to add that info to this blog post since I get people looking at it almost every day, and you may not be the only one dealing with this issue.
Dead tree on shared property that needs to be cut down, with a nasty neighbor
Posted by: keeley Date: Jan. 15, 2008
HI, I live in Portland Oregon, I have a 80ft dead fir tree in my back yard that is partly on my neighbors property that needs to be cut down, I would like her to pay for half the cost as it is a "community tree" but she is very hard to deal with, in fact she will not talk to any of the neighbors, never has. How can i find documentation to send to her certified mail along with the quotes and a letter from my home owners stating that the tress is a hazard, saying that she is in fact responsible for half the cost of the tree, and if the tree were to cause any damage in a storm she would be responsible according to the home owners for half the cost of damages. I am a single mom and do not want to have to seek legal help if i could just find the info and send it off to her. HELP...
That sounds like a tough situation! I can't give you any legal advice (that would be practicing law, for which I'm not licensed) but I can suggest that you visit www.LawHelp.org. That's the website for the Legal Aid Society. Are you familiar with it? Legal Aid is a GREAT service to assist people who need legal counsel or information but don't have a lot of money to spend on it. (My dad is a retired attorney so I always have heard wonderful things about this service.) Anyway visit LawHelp.org and click on the link for your state and you should be put in touch with some knowlegeable, helpful people.
I'm not a lawyer and really don't know. You might call the city offices and ask. There is probably a procedure for situations like this. Best of luck to you!!
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Robert Date: Mar. 3, 2008
Hi Barrie -
Here is some research I have done in regards to tree trimming and property lines. This research was done for a case I am involved in, so this information may or may not apply to your case. (I can not give legal advise).
a. “Property owners in every state have the right to cut off branches and roots that stray into their property. In most states this is the only help provided by the law, even when damage from a tree is substantial. This right to cut away at somebody else’s property is not written down as state statute or local ordinance. It is a common law right, created by court decisions.” – Nolo, “Neighbor Law”, 5th edition, p66
Michelson v. Nutting, 275 Mass. 232, 175 N.E. 490 (1931), helped establish this “self-help” right.
b. “Generally, the neighbor who does the trimming must pay for it himself.” – Nolo, “Neighbor Law”, 5th edition, p67
The prevailing rule that “no landowner has a cause of action from the mere fact that the branches of an innoxious tree, belonging to an adjoining landowner, overhang his premises, his right to cut off the overhanging branches being considered a sufficient remedy.” Granberry v. Jones, 216 S.W.2d 723 (Tenn. 1949); Whitesell v. Houlton, 2 Haw App 365, 632 P2d 1077 (1981)
c. Some states allow for remedy beyond “self-help”
i. “Massachusetts Rule”
Protruding branches or roots of planted or natural trees on adjoining land are “damnum absque injuria,” which means it is no violation of their rights, although the injured party retains a right of self help. Michelson v. Nutting, supra.
"The failure of a landowner to prevent the blowing or dropping of leaves, branches, and sap from a healthy tree onto a neighbor's property is not unreasonable and cannot be the basis of a finding of negligence or private nuisance." Ponte v. DaSilva, 388 Mass. 1008, 446 NE2d 77 (1983).
“Massachusetts Rule” is criticized as being outdated because it evolved when people lived predominately in rural settings. The court noted that the Massachusetts Rule seems ill suited to modern conditions where neighbors live in close proximity to one another. Fancher v. Fagella (VLW 007-6-098), Virginia Supreme Court / 2007 WESTLAW 22683665 (Va. 9/14/07).
ii. “Restatement Rule”
Imposes an obligation upon a landowner to control the landowner’s encroaching vegetation when the vegetation is “artificial” (i.e., planted or maintained by a person), but not when the encroaching vegetation is “natural.” Restatement (Second) of Torts §§ 839, 840 (1979).
Most states have rejected the “Restatement Rule” because the distinction between artificial and natural vegetation is unworkable given the inherent difficulty of ascertaining the origin of a particular tree or plant. Harvey v. Hansen, 445 A.2d 1228, 1231 (Pa. Super. Ct. 1982). This would lead to the anomaly of imposing liability upon one who improves and maintains his property, while precluding liability of an adjacent landowner who allows the natural condition of his property to “run wild.” Harvey v. Hansen, supra, 445 A.2d at 1231; Fancher v. Fagella, supra.
iii. “Virginia Rule”
Provides that the injured landowner is limited to self-help unless the encroaching tree or plant is “noxious” and causes actual harm to the neighboring property. Smith v. Holt, 5 S.E.2d 492, 495 (Va. 1939).
The “Virginia rule” was recently overturned by Fancher v. Fagella, supra.
a. “Noxious” trees and vegetation depends upon a very vague and ultimately “unworkable” concept as noxious is in the eye of the beholder. The court concluded that it would overrule the Virginia precedent establishing the “Virginia Rule” and adopted the Hawaii rule as to responsibility for invading roots.
b. The Supreme Court of Virginia ruled that trees and plants that create or threaten actual harm to adjoining property may be considered a nuisance, and their owner may be forced to cut back or remove them. Fancher v. Fagella, supra.
iv. “Hawaii Rule”
“[W]hen overhanging branches or protruding roots actually cause, or there is imminent danger of them causing, [substantial] harm to property other than plant life, in ways other than by casting shade or dropping leaves, flowers, or fruit, the damaged or imminently endangered neighbor may require the owner of the tree to pay for the damages and to cut back the endangering branches or roots and, if such is not done within a reasonable time, the ... neighbor may cause the cut-back to be done at the tree owner's expense.” Whitesell v. Houlton, 2 Haw.App. 365, 632 P.2d 1079 (Haw.Ct.App.1981) However, the injured landowner “may always, at his own expense, cut away only to his property line above and below the surface of the ground any part of the adjoining landowner’s tree or other plant life” that encroach upon the property. Id. (emphasis added)
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According to this boot, California is following the "Restatement Rule":
http://books.google.com/books?id=Vu-WbiXbcvIC&pg=PA97&lpg=PA97&dq=ca+%22restatement+rule%22+%22virginia+rule%22+%22hawaii+rule%22+%22massachusetts+rule%22&source=web&ots=GSKxlPu3sv&sig=xMf_5dK0IlqUsApH1tjX7B5O98E&hl=en
From "Homeowner's Rights" (c), p
Massachusetts Rule: AL, CT, DC, FL, IL, IA, KY, MD, MA, NE, NJ, RI, VT
Restatement: CA, LA, MS, MO, NC
Hawaii: HI, IN, KS, MI, NM, NY, OH, OK, TN
Virginia: AZ, VA
I don't know about the remaining 21 states.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Norm Lumpkin Date: Mar. 10, 2008
I have a question. My neighbor has just planted queens palms right at the boundary of our front yard property. As these trees grow the radius of the trunk will grow into my property. Is he not violating my property lines? Thank you
I'm not a lawyer and I haven't seen any covenants, codes and restrictions (CCRs, found in many developments) for your area and don't know where you're writing from, so I have more questions than answers for you. (I don't know that we have queen palms in CA, so I'm going to guess you're in Florida.)
Most areas do not have a "setback" requirement for landscaping, but more likely they do have setback requirements for structures. For instance, you might not be allowed to build a spa or pool within 8' of the property line. Those type of requirements don't usually apply to bushes, plants and trees - normally you're allowed to landscape with living things right up to the property line.
Sounds like you are concerned about the future. You might first see if you have CC&Rs, and if so, whether or not this issue is addressed.
Is your home in a Home Owner's Association? If so, you might see if there are any other rules or laws in place about it.
Of course, you can always see an attorney. But that can be expensive and may not change anything if your neighbor is within his or her rights to plant.
Let me tell you something that may ease your concern: most of the time, assuming there's not overcrowding, having trees planted is viewed as a plus, even if they're not on your side of the fence. It's likely that those queen palms may improve your home's value.
Thanks for stopping by. If you learn more, please come back and tell us what you've discovered. This seems to be a very "hot topic".
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Norman Lumpkin Date: Mar. 10, 2008
Good Morning Again Mary,
I live about 10 miles south of Modesto. The 5 palm trees my neighbor planted are directly on the property line in our front yard. As I stated as the trees grow half the radius of the tree trunk will be on my property. I don't want 5 palm trees in my front yard. My question is, "Does my neighbor have the right to grow trees that will eventually be growing on my property"? Thank you
I have been getting questions about individual states and whether it's legal to trim branches that hang over onto the non-tree owner's side of the line.
I am sorry, but I do not know the law in Colorado or in other states. In CA, that would be legal to do. I just do not know in other places.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: nate Date: May. 6, 2008
Hello, I live in clovis, californnia I am trying to see if I will be held liable for a pre-existing tree whos roots have grown under my neighbors garage, I have spoke with him and I am removing the tree in question as a sign o good faith, no arguements I have reason to believe that he wil seek damages in the future, I would like to know if the law is on his side or mine, or if it is up the education ans experience of a judge/jury.
You sound like a good neighbor. I honestly have no idea how this will turn out for you, but I have to think that a judge/jury would look favorably on your proactive approach to the problem.
Best of luck to you. I would truly appreciate it if you'd return in the future and tell us what happens.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by:Anonymous Date: May. 26, 2008
We live in Massachusetts.Several years ago our neighbor requested a variance to build closer to our property.We didn’t fight it, after all we’re neighbors.After granted, they told us three trees needed to be cut down; they would cause a problem with their new addition.We told them no, the trees are healthy.They became angry and put their new driveway on our property.Now the trees have grown more and they have threatened to cut them down.They will not remove their driveway, but expect us to cut down healthy trees.Any advice?
Wow, what a terrible story! I can't give you legal advice, but would suggest that you contact your local jurisdiction (city, town, county or?) to learn what your rights and responsibilities might be.
Best of luck to you! Please let us know how it turns out.
Neighbors can trim your trees, hedges and bushes if they hang over your property line and onto theirs. The question was raised as to whether or not they can then throw the clippings back onto your side of the boundary after doing so. I doubt it! But I don't know.
Are there any lawyers or police or others familiar with these statutes who can respond to that question?
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Judy Date: Sep. 11, 2008
In California, if a neighbor complains about Eugenia tree branches hanging over his property, does the property owner then have an obligation to pay for having the branches trimmed on the neighbor's property? The neighbor does not want to incur the cost to trim the branches. If yes, please tell me which code has the law is written. I search several codes and could not find it.
It makes no difference what kind of tree or bush it is. Neighbors can always trim branches on their side of the fence BUT cannot kill the tree by doing so (same with roots).
It's not a matter of code, but of case law. I was on the phone with an attorney working with the CA Assn of Realtors and she cited the cases mentioned above in my post. (Not all law can be found in codes.) Just google the case I mentioned early in the post.
No website can give you or anyone else legal advice. Please check with a lawyer about your rights and duties and if you can't afford a lawyer, check your local Legal Aid office.
Your neighbor is allowed to trim anything hanging over the property line, but only if it won't harm the tree. Same with the roots - they could be removed if on their property but not if doing so would cause the tree to die.
They're not allowed to trim the tree further back than the property line. But it sounds like that's what they did since you described it as being 2/3 cut back. Amazing!
Instead of an appraiser, you might call in a tree expert instead. The arborist can tell you if the tree is going to survive, what it would cost to remove it or replace it. It should not take 2 weeks to get a tree expert to your place.
I'm just wondering - did you have a conversation with your neighbor before or after this? Why did they trim the tree back so much? Were they upset about olives dropping into their yard? Are these folks problem neighbors, generally?
Finally, I can't give you legal advice, but would suggest that you talk with a lawyer if after speaking with an arborist and your neighbor (about getting restitution) you cannot resolve it. Best of luck to you!
I am responding to a woman who left a private message for me here (so I'm sorry but it's not visible for everyone to see). She probably thinks that I have her email address, which is not visible to me when she writes a comment, I hope she will come back and see my response.
Kay,
You did not say what state you are in, so I do not know if the CA laws are the same as where you are. But in any event, I cannot give you legal advice. I am a Realtor, not a lawyer.
Can you find a Legal Aid society in your area? It is a great organization that provides low cost or no cost legal advice. They may provide alternatives to you that you haven't considered, such as a workable payment plan, so that you do not have to go to small claims court.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: John Date: Nov. 15, 2008
Hi, we live in Boulder Creek, CA, just on the other side of the hill.
There is a 30' non-developed right of way between our property and the neighbors. The neighbor uses it for his driveway, but I have used it for the past 15 years to access the back of our property, but not on a regular basis. In the 15' adjacent to our property is a dead fir tree. Do we have the right to remove this hazard and not be harassed by the the neighbor?
That's a good question, and it may depend on whether or not your use of the driveway has been continuous enough that you have created an easement.
I do not know the answer to this and believe you'd need to speak with an attorney if you wanted to proceed without your neighbor's permission.
But why not just ask the neighbor if you can remove the tree at your own expense? If it is dead, the odds are that the neighbor would agree to your request.
my neighbor agreeded to remove a 20 foot limb from hanging over my house . he has not maintained this tree for 20 yrs. i asked him to remove it because it was rubbing my roof .he agreed to have it done within 4 -6 weeks the entire limb fell and caused 25000.00 damage . my point it is 100 % on his property . he agreeded to remove and was put on notice. he did not act in a timely fashion.
his ins said act of God
the tree was rotten.no act of God
since i did not remove the limb
i did not protect my property
because i would have removed it but he did agree to do it
This is a question for an attorney or a judge, not for a Realtor. But I can tell you that insurance companies often categorize these types of events as "acts of God", meaning that there was no intention for this to happen.
Damage from this kind of thing is normally covered by homeowner's insurance - yours or your neighbors, so hopefully neither of you is out $25,000. Have you spoken to your homeowner's insurance company? I would hope that the disputed amount is really a case of the deductible, not the whole cost.
If you really ARE out of pocket a large sum of money (more than the small claims limit), I hope you will see a good attorney and discuss your options. And I'd suggest getting your homeowner's insurance looked at too since your policy probably should have covered this type of thing.
Best of luck and please let us know how it turns out.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: M.Johnson Date: Jan. 4, 2009
I live in california in a condomiun complex with an H.A. O., I leased my condo out, recently when I went to inspect the unit, my trees and hedges had been removed with out notice. I have own the condo since it was built in 1990, and the trees and hedges are a part of the origninal design and plan. The removal drastical devalues my property and privacy. In additon, an air conditioner unit has been installed that takes up all the area in front of my unit were the trees and hedges were, the air conditioner unit is almost twice the size of the original unit. Do I have any redress?
I cannot give you legal advice. That would be a lawyer's job. But I can suggest a few things that might help.
Who removed the trees and hedges and installed the new AC? Sounds like it was your HOA (Home Owners Association) since tenants and vandals don't relandscape and add new AC units.
If it was your HOA, they should have notified the owners through the newsletter and/or minutes from the periodic meetings. This seems likely since apparently the landscaping changed with the advent of the new compressor unit.
If it was your tenant who changed your landscaping, then your security deposit may be your only recourse.
My suggestion to you is to begin by looking through the newsletters and the minutes of the HOA meetings - you should have both. If you cannot find your answers there, call the HOA management and ask (nicely) why the changes were made. HOAs do not usually spend money without a very good reason, so find out why this happened before deciding that your property has been harmed with these changes. It is likely that the trees attracted rats or were considered a problem or they'd have left them up. (Sometimes there are issues with roots, maintenance, sicknesses that the trees get, etc. that require them being removed.) And the AC unit might need to have been replaced due to age, problems or defects. A new AC unit is usually considered a big positive for resale value.
Once you've done your research, if you remain unsatisfied about the situation, you may need to contact a mediation group or a lawyer.
The answer, though, is probably to be found in your newsletter and minutes - so do start there.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Korrin Date: Jan. 21, 2009
Hi Mary,
My Los Gatos neigbors have recently pruned their CA live oak. (We are city not county.) The oak's branches go over my fence and house but the trunk of the tree is entirely located on my neighbor's property. For the first time in 10 years as their neighbor, they have decided to prune only the branches over their house and yard. They did not hire an arborist and unfortunately the result on their side is "lion's tail". I am concerned for the safety of this tree now that all the weight is over my house and yard. In addition, the growth coming off the large limbs is now touching my roof in several areas. Is there anything that states that the owner has to prune their tree when the branches of the oak are actually touching the neighbor's home? Thanks for any input!
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Michelle Date: Feb. 9, 2009
My mother's house is located within 20' of the property line. On the other side of the property line about another 20' away is an old walnut tree. The limbs of the tree are damaging the roof of my mother's house as well as when in season the walnut fall and make a horifying sound. My mother has asked the neighbor who owns the property with the tree to either remove the tree or at least trim the limbs back that hang over her house and they refuse. Can she force them to do something since it is damaging her roof or could fall on her house?
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Barrie Leonard Date: Feb. 27, 2009
I forgot all about getting back to you, until now. The small claims court was a huge disappointment for me. I'd spoken to a friend of mine, who happens to be an assitent DA, and he told me based upon my evidence and photos that I didn't have anything to worry about. I went to court feeling somewhat confident.
However, the Judge at one point told me, "Many judges would rule in your favor ... but I am not one of them." He asked the neighbors for receipts, but they didn't have any. Then the judge looked at me again and said, "It looks like you will win today because they have failed to bring me any record of damages; but they know what they need to do next time." I could not believe what was happening. He told me he'd read the law, and the law was clearly in my favor ... but it didn't matter to him.
My neighbors looked at me and said something about getting receipts; so rather than getting nickled and dimed by them every year ... I had the tree removed. I can't really put into words how horrid I felt as I listened to the noiise of the buzz saws, and seeing my neighbors elated at having their way where my tree was concerned. I do not speak to them.
So there you have it, the end of my story. I wish I'd had better news to share. Oh, and btw ... my friend, the assistent DA, wasn't surprised that the judge failed to rule by the law. What's up with THAT?!
Wow, I'm so sorry. Most judges are good, and will follow the law. But like in every profession, there are a few who will do whatever they want to do. I'm so sorry that you got one of the bad ones!
Thank you for getting back to me and to the readers of the blog with the results of your case.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Kevin Date: Mar. 24, 2009
I have two trees planted in my yard one a willow and the other a corkscrew willow when the wind blows my neighbor gets leaves and branches on his side of the fence can he rake them up and throw them back onto my property This guy has had the police at his house more than a dozen times from differant neighborhood complaints
Sounds like you have a problem neighbor! I don't know where you live or what the law is there; you'd have to check with your town, city or county government to see if he can do that legally or not. (I suspect not.) Good luck!
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Mary Krivanek Date: Jun. 24, 2009
I live in Redding CA. My neighbor had and still has several natural live oak trees growing over my property by 10 to 15 feet. 95 % of two of these trees were over the property line causing damage to the roof of my garage. 4 feet from the ground the trees grew over the proprety line at a 45 degree angle to the ground reaching for the sun as it set in the West. After trimming the trees back to the property line all that was left was 4 foot stump. The neighbor had very limited access to these trees from his property and this was why I chose to do the trimming. He has sewed me in civil court for damages to the trees. Do you feel he really has grounds for the suit?
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Dan Tamewitz Date: Jun. 28, 2009
I've been having my neighbors trees falling on my property for the past month. The last on just missed my house. I'm from PA and have never asked the neighbor to pay for any clean up or remove the fallen trees.
At this point I'm tired of paying for getting rid of these fallen trees. There are many taller trees that I know will come down since they are very weak and tall. They will hit my home. Is there anything I can do to have this neighbor top of these remaining trees? They fall at a moments notice and I'm afraid my family will be hit by one and possibly killed.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: charlie Date: Jul. 21, 2009
Who is responsible for keeping overhanging limbs and branches from trees clear of sidewalks and streets in a private community...The Individual resident as the trees are located on their property or the Homeowners Association..This has been an ongoing problem and is not getting better with time..
Wow, so many comments where I'm getting asked to interpret the law (esp in other states) or to otherwise give legal advice. Sorry, folks, I just can't do it.
Mary, probably so and especially if the oak in question was older. I don't know if the Redding area has laws about historic trees, but Siiicon Valley does. Plus you cannot harm a tree to the point where it might die (which excessive trimming would do - such as leaving just a stump), and it sounds as though you did more than just a little trimming. With oak trees, if you remove all the branches with leaves and get rid of the canopy, the tree burns and dies. So my best understanding is that what you did is probably going to be fatal to the tree, which would make you liable for damages. But see an attorney - that's the person who'd know!
Dan, please speak with a town, city or county official in PA. I cannot advise you and don't know the laws there.
Charlie, I am not in Florida and have no idea what your laws are there. I'm sorry.
RE: Trees Near the Property Line:<BR>Who Pays to Trim in California?
Posted by: Tracy Hampton Date: Aug. 13, 2009
We have lived in our house for 12 years. When we bought the house our neighbor's oak trees were dense (they planted them too close together) but at a height that still gave us a reasonable amount of sunshine on our pool and backyard. They were pretty good about sharing the costs for maintaining the trees - even though they would have preferred to let the trees grow wild. They sold the house and the newcomers are problematic - on lots of fronts, not just the trees. The trees have grown so dense and much higher now so that we lose the sunshine late morning and have none for the rest of the day. Their trees shed a dreadful amount of debris into our newly landscaped back yard and into our pool which causes staining of our pool's surface and a need for excessive pool cleaning (also expensive to keep it running for as long as we have to). All in all the trees now limit the enjoyment we can have in our backyard and I think reduce our property's value.
I understand that I have the right to cut back the trees to the property line - what are my rights about access to the trees to trim the high branches? And do I have any rights to sun light, thus requiring significant thinning/pruning of the trees?
That's the stuff that lawsuits are made of. Seriously, in CA there was a lawsuit over the right to grow trees vs the right to get sunshine for solar power. Google "trees lawsuit solar panels" to see the latest. I think it's in appeals right now....
You may want to chat with a lawyer - your situation requires legal advice (and I am merely a Realtor!).
Hello to anyone having issues with trees and neighbors.
I just wanted to let everyone know, so it may be of some use to them, that I was recently sued by a neighbor who demanded I remove any and all branches from my tree that "encroached" on his property.
My story goes follows:
In May of this year I was sent a letter from my neighbor demanding that I cut all branches from my tree that extended over his property back to the fence line.
After consulting a lawyer I was told that as long as I mainted the tree in a healthy fashion that I was not responsible to pay for any branches to be removed.
I informed my neighbor verbally and in writing that we have the tree trimmed on a yearly basis and that he was within his rights to trim the tree as he saw fit (keeping in mind that he must ensure to not endanger the health of our tree).
The neighbor had the tree trimmed, removing every branch up to the proerty line. He then sent me the bill and demaned that I pay.
Since I refused to pay, he took me to small claims court for reimbursement of the cost of the trimming.
We had our day in court recently. He gave his side of the story (tree encroached on his property), I gave mine (that we kept the tree healthy and safe).
The ruling was in my favor (woo-hoo).
The actual ruling by the judge is as follows:
Because defendant would have had to tresspass on plaintiff's property to trim the parts of defedant's tree that encroached on plaintiff's property, plaintiff was permitted to trim the tresspassing branches himself. In trimming the tree plaintiff must trim reasonably so as to not damage the portion of the tree that remains on defendant's land. Plaintiff is not entitled to compensation from defendant for reasonably trimming vegetation that interfers with plaintiffs use of plaintiff's property.
I came to this site for help when my ordeal started and it helped me immensely and I just wanted to post this in case it helped anyone else out.
Thanks so much for coming back to Live in Los Gatos and for filling us in on what happened with your tree dispute.
I am so very happy to hear that you found this blogsite helpul!
What's funny about this post and the myriad of comments is that it really kind of took on a life of its own. The blog is, of course, about Los Gatos real estate and life (living in this town). But for some reason, this issue really hit a nerve and we got comments & questions from all over the country!
So although my "target audience" is really people who want to buy or sell homes & real estate in Los Gatos or nearby, like in San Jose or Saratoga, the post had a very broad appeal and apparently was helpful on a much bigger scale.
That pleases me to no end!
Thanks again and congratulations on a successful resolution.
A blog about Los Gatos real estate, homes, houses, condos, townhomes, housing market, neightborhoods, history, events, businesses, parks, schools, photos, issues, and lifestyle.
Mary Pope-Handy
Realtor, CRS, ABR, SRES, E-PRO
Luxor Real Estate Group
Mailing Address for Mary: PO Box 440 Los Gatos, CA 95031-0440
877 397-5391 (office/toll-free)
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Ever wonder how tree ownership works in regard to property lines? Well, last week I found out. I had a tree and property line question here in Silicon Valley so called the California Association of Realtors legal hotline and spoke to an attorney about it. (The lawyer referenced case law and sent me info on it: Miller and Starr §§ 14:15, 14:16.)
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