sf lawyer who works on tree law

Who is the legal owner of a tree?

It is accepted law in all states that a tree whose trunk stands wholly on the land of one person belongs to that person. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners.

What is the California tree law between neighbors?

California tree law between neighbors requires a landowner be responsible for maintaining a tree's foliage in a hazard-free condition. If a tree causes damage to a neighboring property, the person who owns the tree may be liable if the party who suffered the damage can prove negligence on behalf of the property owner.

Who is responsible for falling trees on your property?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

Can a city force a tree to be removed from private property?

Some cities have ordinances that prohibit maintaining any dangerous condition, including a hazardous tree, on private property. To enforce such an ordinance, the city can demand that the owner remove the tree or pay a fine. Some cities will even remove such a tree for the owner.

What to do if neighbor refuses to trim tree roots?

If they refuse, then the neighbor should engage the services of a licensed arborist to trim the roots and branches is such a way as to reduce the property damage while not injuring the tree.

What happens if a tree is causing damage to a deck?

If the tree is causing actual damage such as roots uplifting a deck or branches pushing down a fence, the owner can be held liable for “nuisance”, that is allowing his use of his property to damage the property of another.

What caused trees and branches to fall?

High winds and heavy rains have caused numerous trees and branches to fall, often onto adjacent properties. The question arises: Who is responsible to clean up the damage? The answer is complicated and varied dependent upon a number of facts.

Is a tree failure considered negligence?

Generally such failure is considered to be “negligence” and a negligence owner can be liable for all damage resulting from such negligence. However, in general the damaged party still must prove that the owner was negligent… most often failure to properly maintain the tree.

Is a tree owned by the owner of both properties?

Tree ownership is based upon where the trunk is situated. If it’s on the property line, it is deemed to be owned by the owners of both properties. 2. Is the Tree’s Owner liable for any Damage? Not necessarily.

Can you get relief for a neighbor's tree?

But, absent some physical damage, Califor nia law does not provide any relief for the offended neighbor – unless they can prove the tree was improperly maintained.

Can cutting down a tree kill it?

Simply cutting off encroaching tree roots or branches could actually kill the tree or render it unstable and dangerous thus exposing the cutter to substantial legal liability for all damage including replacement of the damaged tree.

What is nuisance tree?

One “nuisance” often alleged involves the encroachment of trees, shrubs and other vegetation from one lot onto an adjoining lot. This issue can easily become an emotional one with a property owner loving a large elderly tree while the adjoining neighbor complains about the branches overhanging the property. Does one have a right to trim trees ...

What is nuisance law in California?

Basic Law: In California a duty is imposed upon a landowner to prevent nuisances that could adversely affect the property of an adjoining owner of land. “Nuisance” is usually defined as a substantial interference with the “right to use and enjoy” the land and it may be intentional or negligent in origin. Some nuisances impose severe statutory ...

What is encroachment of a tree?

The encroachment of shrubs or vegetation, including a tree, upon a neighbor that causes any damage could be held to be a nuisance and damages could lie against the owner of the land on which the tree was located. In most states, a landowner is held to a duty of “common reasonable prudence” in maintaining shrubs and trees on their own property so as ...

How to abate a private nuisance?

A person injured by a private nuisance may abate it by removing, or, if necessary, destroying the thing which constitutes the nuisance, without committing a breach of the peace, or doing unnecessary injury.

What are coterminous owners mutually bound equally to maintain?

Coterminous owners are mutually bound equally to maintain:#N#1 . The boundaries and monuments between them;#N#2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter.

How to substantiate a potential danger to life?

If there is truly a potential for danger to life or property, substantiate that danger via an expert letter from someone with credibility and make sure is it sent to the neighbor. If you are the neighbor whose tree is being threatened by claims of encroachment, do the same in reverse.

Is it a nuisance to have leaves fall off your property?

Such falling of leaves is considered a “natural occurrence” and not a nuisance. And recall that in the United States, there is no easement for light, so if a tree causes shade or blocks a view, that is not considered in itself a nuisance. Every state allows property owners to trim and remove branches, shrubs and roots that invade their property ...

How to avoid neighbors trimming trees?

To avoid an unpleasant dispute (or your neighbor trimming your tree on their own—and possibly botching the job), talk with your neighbors and find out exactly how much tree trimming would do the trick. If it's not too much, and doesn't affect the health or aesthetics of your tree, consider making the trim.

How to find out the tree rules?

You can find out local tree rules by contacting your building or planning commission or checking local ordinances online. If your house is part of a homeowners' association with CC&Rs, make sure you check these rules, such as restrictions on tree heights.

What happens if you refuse to trim a tree?

If you're breaking the law by refusing to trim your tree, the results might be more than a bad relationship with your neighbor; you could find yourself in court if your neighbors sue you for interfering with the use and enjoyment of their property,

What happens if a tree is a hazard to neighbor?

You might be violating local law if your tree (no matter how beautiful) presents a hazard to your neighbor (for example, if dangerous limbs hang over the neighbor's property), violates any height limits or view ordinances, or straddles the property line.

What is a tree that stands on the land of one person called?

If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. All the owners are responsible for caring for the tree, ...

Why is it considered a nuisance tree?

The legal theory is that the dangerous tree is a "nuisance" because it is unreasonable for the owner to keep it and it interferes with your use and enjoyment of your property. You can ask the court to order the owner to prune or remove the tree.

Can you trim back a tree?

You can trim back branches to your property line, but that might not solve the problem if you're worried about the whole tree coming down. City governments often step in to take care of, or make the owner take care of, dangerous trees.

Who is responsible for maintaining trees on property?

Landowners are responsible for maintaining the trees on their property. Legally, they have two duties: make reasonable inspections and take care to ensure the tree is safe. If your neighbor doesn't remove the dangerous tree, and the tree does in fact cause damage, your neighbor can be held liable.

Why are trees important to neighbors?

Trees can give your property shade in the summertime, a home for songbirds, and general beauty. But trees also can be a source of tension among neighbors if they're not properly maintained, drop debris over the fence, or cause other problems. While trees and neighbors can sometimes be a volatile combination, especially among neighbors who generally ...

What is a tree trunk that is divided by two people called?

When the tree trunk is divided by the property lines of two or more people, it is referred to as a "boundary tree.". In the case of a "boundary tree," all of the property owners own the tree and share responsibility for it.

How much does a tree cost to replace?

If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Ornamental or landmark trees can have a value of between $20,000 and $60,000.

Can neighbors sue for tree trimming?

In most states, the bothered neighbor can engage in the tree trimming or root cutting herself, and doesn't have a claim against the tree owner. Other states provide that neighbors may sue if the following conditions are met:

Can you cut down a tree on your property?

Yes. By law, you have the right to trim branches and limbs that extend past the property line. However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree. If you do harm the tree, you could be found liable for up to three times the value of the tree. Most trees have a replacement value of between $500 and $2500. Ornamental or landmark trees can have a value of between $20,000 and $60,000.

Can you eat fruit that falls off a tree?

No. The fruit of the tree belongs to the owner of the tree, so don't pick any of the fruit. Courts are divided on who can have fallen fruit, however, so check your local laws to see if you can eat any fruit that falls off the tree.