In California and many other states, no one can enter your property to trim or remove your trees. It does not matter if your tree is blocking the view or shedding leaves on another property. As long as the tree is not encroaching on their property, your neighbors must follow due process to address nuisances.
In other words, your neighbors cannot take matters into their own hands and trim your tree without permission. But what if your tree is extending past the property line?
Is it legal to trim neighbors’ trees in California?
According to California’s property rights, owners can legally trim branches or roots that extend onto their property from a neighbor’s tree. However, a neighbor can only trim your tree up to the property line. They must also ask for permission if trimming the tree requires being on your side of the fence.
Furthermore, a neighbor cannot damage your tree’s integrity and health. This can happen in several ways such as:
- Removing too many branches
- Cutting branches too close or too far from the trunk, leading to decay
- Cutting major roots, which can destabilize the tree
- Accidentally tearing bark while trimming
If your neighbor harms your tree, whether intentionally or not, they may be liable for up to three times its value. They may also be responsible for any ensuing damage that occurs because of their actions such as pest infestations, decay or accidental felling.
Do you have to trim your tree if it becomes a nuisance?
California property owners have a duty to prevent nuisances that interfere with neighbors’ use and enjoyment of their property. This duty comes with the expectation of proper tree maintenance.
Trees can become a nuisance when they:
- Damage foundations, driveways or underground utilities
- Pose a real risk of falling and causing damage or injury
- Impact the growth of plants due to excessive shade
- Drop substantial amounts of fruit that can attract pests and decay
These conditions go beyond minor inconveniences. If your tree causes these issues on a neighbor’s property, it may be within your duty of care to address them.
Can you sue a neighbor for damaging your tree?
Trees are a common cause of disputes between neighbors. While the matter may appear simple, disagreements like this may require legal guidance. If a neighbor harms your tree without a legal reason, a real estate lawyer can help you pursue damages.