Feature
by Jamie Sternberg
Two neighbors may have quite different feelings about the same tree. A tree that one property owner considers an asset may be a nuisance to his neighbor because of a blocked view, overhanging branches or invasive roots. Property owners dealing with tree issues often call Kimball, Tirey & St. John for information about their legal rights and responsibilities.
Before advising clients, the attorney must know where the tree trunk is located. If the tree trunk is on the property line, it is known as a line tree. Both property owners own line trees [CC §834]. Neither owner has the right to cut down a line tree or to remove any portion of a line tree extending onto his land without his neighbor’s consent, even if the tree is causing damage. If the tree trunk is not on a property line, the tree belongs to the person owning the land where the tree trunk is located, even if the branches and/or roots encroach on the neighbor’s land.
In determining each neighbor’s rights and obligations, one should remember the basic rule of California law that each person must avoid harming others. This means each neighbor should act to avoid harming his neighbor. A tree owner must maintain his trees to avoid injury to his neighbor’s property. Under some circumstances, a tree owner can be held liable for damage caused by falling branches and/or invasive roots.
A neighbor damaged by an encroaching tree can use self-help or court assistance. The unhappy neighbor can remove encroaching portions of a tree causing damage if removal isreasonableunderthecircumstances.To avoid liability, the tree trimmer should consider whether there are less drastic measures for avoiding damage to his property, his neighbor’s property, and his neighbor’s tree. The neighbor can cut back the tree only to the property line.
A person who willfully and maliciously removes a tree without the legal right to do so can be held liable for treble damages [CC §3346, CCP §733]. Furthermore, unless given permission or a court order, a person should not enter onto his neighbor’s land to trim or remove an offending plant. If the unhappy neighbor does not want to remove the encroaching portions of the tree himself, he can also file an action to recover damages caused by the tree and/or to seek injunctive relief (i.e., a court order requiring his neighbor to take some action regarding his tree.)
A neighbor’s tree generally cannot be removed because it blocks
a view. In California, we do not have view easements unless specifically
granted. View easements, if they exist, are generally established
through recorded easements or CC & R’s.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. If you have any questions about how this law applies in any particular situation, please call Jamie Sternberg in the Business Real Estate Practice Group at (619) 744-0863.