what kind of lawyer handles tree laws

Why should I hire a lawyer for a tree and neighbor dispute?

The book Neighbor Law, by Attorneys Emily Doskow and Lina Guillen, provides extensive advice on tree-related law and liability issues involving invading branches, damage from an unsound tree, boundary trees, and more, including how mediation or …

Who is the legal owner of a tree?

Often, merely notifying the tree owner regarding your right to self-help or local laws regarding encroaching trees, is effective and can keep the issue out of the courtroom. For instance, California Civil Code 833 and 834 states that trees whose trunks reside on the land of one owner belong to him or her exclusively, even if their roots or ...

Who is responsible for the care of a tree on property?

Sep 05, 2018 · In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree owner the chance to correct the problem.

Is it legal for a neighbor to cut down a tree?

Tree Law - The Cutting Edge - Tozer Reports. Potential Damages – The Value of a Mature Tree: What if you negligently kill or damage (for example causing disease to) the neighbor’s tree while trimming them? Depending on the circumstances, you might be liable for reasonable costs of replacing destroyed tree with identical or substantially similar tree (that is, a mature tree).

Can I cut down trees on my own property in California?

The general rule in California allows a landowner to remove trees that are growing on their own property and so belong to them as long as the species is not legally protected.Sep 13, 2021

What to do if a Neighbour's tree is affecting you California?

[Miller & Starr, California Real Estate (4th ed. 2020) § 17:11.] If the branches of a neighbor's tree are hanging over your property, you can remove those portions that hang over your property, whether or not they cause damage. However, you cannot cut the branches beyond the property line.Dec 15, 2020

Can I make my neighbor trim his tree California?

California Civil Code section 3346 considers the encroachment of branches and roots onto your property to be a nuisance. You are allowed to trim the tree on your land in a way that the tree is not damaged.Nov 7, 2017

What is the fine for cutting down an oak tree in California?

Under existing city law, destroying a California live oak or any of several other oak species without a city permit is a misdemeanor punishable by a fine of $1,000 and a jail sentence of up to six months. To get a permit, developers must agree to replace each oak they destroy with two new oak trees.Apr 6, 1991

Can I ask my Neighbour to cut his trees?

Cutting back trees The law states that any branches cut off belong to the person on whose land the tree originally grew, so you should ask your neighbour if they want them back, or if they are happy for you to dispose of them.7 days ago

How do I complain about a Neighbours tree?

If you think your neighbour's tree is dangerous, you can report it to the council - for example if you think it might fall over. They might ask the owner to make it safe or deal with it themselves. Search for 'trees' on your council's website to find which department to contact.Feb 15, 2018

Whose responsibility is it to cut overhanging tree branches?

The responsibility for the tree and any damage it may cause is that of the tree-owner. If his tree damages your property then he is liable. Should the situation become a legal dispute then you may be covered for your legal costs.Feb 17, 2016

What can I do about my Neighbours overhanging trees?

If the branches of a neighbour's tree start to grow over to your side, you can cut them back to the boundary point between you and your neighbour's property, as long as the tree is not under a tree preservation order. If it is, you'll need to seek further clarification.

Who pays to remove overhanging branches?

Overhanging Branches on Your Property Even if the tree trunk is on your neighbor's property, you have the responsibility for cutting any branches that extend onto your property line. You are responsible for the cost of cutting any branches you choose to trim. You can cut back anything up to your property line.Nov 2, 2020

What trees Cannot be cut down in California?

California law protects native trees, including oak trees. The state of California bans the removal of certain native trees, including oak trees. Oak trees existed in the state during ancient times, according to the city of Los Angeles, and were used by Native Americans and Spaniards living in the area.

Do you need permission to cut down an oak tree?

The law requires that anyone planning to cut down or carry out work to a tree in a conservation area must legally give us six weeks notice of their intention to do so. The purpose of this notice is to give us the opportunity to consider whether a Tree Preservation Order should be made.

Do you need a permit to cut down a tree in California?

A Tree Pruning or Tree Removal Permit is required to prune or remove any public tree and certain private trees. Public Trees are those that occur on any County owned land (parks, building grounds, etc.) and/or within Right-of-Way situations.

How much is someone liable for injuring a tree?

In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss. These penalties protect tree owners by providing harsh deterrents to would-be loggers.

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.

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,

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.

Can you cut down a tree on your property?

You have the legal right to trim tree branches up to the property line. But you may not go onto the neighbor' s property or destroy the tree itself. In almost every state, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss.

Can you sue someone for cutting down a tree?

You can sue to enforce that right, but you probably won't have to, once you tell your neighbor what the law is.

What are the rules for removing a tree?

Also, the city may step in and order the owner to trim or remove the tree if the tree is in violation of a local ordinance, such as: 1 A diseased or hazardous tree 2 A tree that resides in a fire zone 3 A tree that blocks a neighbor’s view 4 A tree that exceeds height limits 5 A tree that is prohibited by law 6 Trees that are used as fence lines

Do you have to notify the owner of a tree before cutting back?

While you have the right to trim back branches or roots to your property line, it’s always a good rule of thumb to notify the tree owner before you make any cuts. The owner may want to share the costs or pay for the cost should pruning be more extensive.

What happens when a tree falls on a neighbor's property?

Sometimes disputes arise between neighbors when trees belonging to one property owner fall on and damage or destroy adjacent property. In such cases, the tree owner is only responsible for damage if some failure to maintain the tree contributed to the damage.

What is a boundary tree?

A boundary tree is one planted on the boundary line itself and should not be removed without mutual agreement. Leaves, bean pods, or acorns which fall off and end up on adjacent property are considered a natural occurrence and are the responsibility of the landowner on whose property they ultimately come to rest.

Can trees be dangerous to neighbors?

For instance, large trees that hang over a neighbor's fence may pose a risk of injury or property damage, while trees that aren't trimmed properly can block a neighbor's scenic view. See FindLaw's Neighbors and Trees section for related articles.

What is the appellate court?

Appellate Court’s Analysis and Holding: The appellate court analyzed various cases and laws. Some laws emphasize that you generally have a right to control how you manage your own land. Other laws stress that you have a duty to consider the effect of your actions on your neighbors and their property.

Can neighbors cut down trees?

In the 1994 case of Booska v. Patel, a California appellate court held that a neighbor does not have the absolute right to cut encroaching roots and branches so that they end at his or her property line.

What is neighbor law?

Neighbor law covers the many disputes that may occur between two individuals that live side by side. Of course, there are many sorts of disputes that can, and do, arise.

Why do neighbors have fences?

One of the most common neighbor disputes is perhaps property boundary issues. After all, fences exist not only for privacy, but also for the purpose of keeping others (mostly neighbors) out.

How to deal with loud neighbors?

Other courses of action to deal with loud neighbors include: 1 Issuing a Stern Warning, 2 Hiring a Mediator, 3 Calling the Police, 4 Involving the HOA, 5 Filing a Lawsuit.

What is encroachment in real estate?

Encroachments can include: a fence built on your property, a shed which partially enters your property, or a garden bed which is partly on your land.

What happens if you file a lawsuit on your own?

If you chose to file a lawsuit on your own, you must weight the benefits with the costs. The benefits may be a quiet neighbor, and even some extra cash. On the other hand, the cost of having an angry neighbor. And the costs of filing a lawsuit you may not win, may make the effort more trouble than it’s worth.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What happens if a neighbor cuts down a tree?

Or, for instance, if a neighbor cuts down one of your trees, you may be entitled to monetary damages (like the value of the tree). Quiet title actions are a specific type of lawsuit used to determine legal ownership of a property, and are more common when the chain of title in the public record is incomplete.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is cloud on title?

Generally speaking, a “cloud” on title refers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another.

What does an attorney do for a HOA?

Your attorney can also keep you informed of changes in the laws and give you advice on how to handle matters as they come up. HOA's have responsibilities to maintain the common areas of your community and make repairs, but they don't have the rights to infringe on your freedom and personal life.

What to do if you have a dispute with your HOA?

If you are involved in a dispute with your HOA, you should hire an HOA attorney to assist you. HOA matters can become heated and emotional, so it is best to have an experienced attorney handle the negotiations and resolve the dispute for you.

What is an association in a condominium?

The association is a governing body that runs your planned community or condominium building. They association has a board of directors. Residents are elected to serve in positions such as President, Secretary and Chief Financial Offer or Treasurer.

What Can I Do If My Neighbors Complain About My Tree in Their yard?

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