When a Tree Falls in California

Use these links to jump to different sections:

• How Do You Determine Who Owns a Tree?
• Are Property Owners Responsible for Tree Damage?
• Who Is Liable for Fallen Trees?
• Who Is Responsible for Objects That Fall from a Tree?
• Do I Own Fruit from a Tree Overhanging My Property?
• Can My Neighbor’s Trees Block My View?
• Find Experienced Legal Help to Resolve Tree Disputes

Whether urban or rural, mountainous or coastal, trees are such an essential part of our landscape. California contains a rich biodiversity of tree life, including majestic redwoods, sequoia, fragrant eucalyptus, sturdy live oak, and signature palms. And while we may think of the trees as belonging to all of us (collectively, anyway), most trees belong to the owner of the land they grow on.

When a tree, or portion of it, falls and hurts someone, there is an entire body of law laying out who is responsible. Because most landowners have, or live next to, trees, it’s helpful to know some basics about tree law. 

How Do You Determine Who Owns a Tree?

When property owners aren’t the ones who planted trees and need to determine who is responsible for them, the primary question under California law is where the tree trunk stands.

If the trunk is wholly on one person’s property, it is that person’s tree. If the trunk straddles the property line (even if it has grown that way after starting out entirely on one side), then the tree is shared. Neither neighbor is permitted to take action to trim, treat, or cut down the tree without the other’s consent, and both are responsible for it.

Are Property Owners Responsible for Tree Damage?

An owner is responsible for ensuring that a tree, including its limbs and roots, is not at risk of causing any damage. However, because trees grow not only up but out, it is common for tree branches to overhang abutting property. Tree roots can also grow onto a neighbor’s yard.

Historically, the rule was that if any part of your neighbor’s tree crossed onto your property, you were entitled to trim the tree up to the property line. This is still the underlying law, but there have been some modifications through case law that place some limits on how much can be trimmed by the non-owner.

You Can’t Harm a Tree By Trimming It

For example, in the 1994 case of Booska v. Patel, a California appellate court inserted a requirement into the tree trimming rule that a neighbor not act unreasonably or cause harm to the tree.

In that case, a tree’s roots had grown to the point of buckling the neighboring sidewalk. When the neighbor brought in a contractor to trim the offending roots, he severed the root system along his entire property line to an extent that left the tree unstable and unable to survive. The court determined that a neighbor’s right to trim overhanging branches or extended roots was not absolute and that consequences to each party must be taken into consideration.

You Can’t Trim Branches or Roots Over Your Property Line

Another limitation of this trimming rule is that the law allows for branches and roots to be trimmed up to the property line but not over it. Any amount of removal or damage that traverses the boundary line without the owner’s consent, even if genuinely and reasonably believed to be correct, can make the trimming neighbor liable to the owner for damages two to three times the value of actual damages.

Further, even trimming that remains on the right side of the property line can give rise to the same liability if the tree is somehow damaged. Keep in mind that ‘actual damage’ may mean replacing a mature tree, or the tree’s aesthetic value, a costly proposition. Clearly, it’s best to work things out with your neighbor to have them trim the tree, and when you can’t, hire a professional who knows both trees and boundary rules.

You Can’t Go on a Neighbor’s Property and Trim Their Trees

One more thing—while a neighbor is entitled to trim portions of the tree that extend into their own property, they may not go onto the adjoining property where the tree is located to either trim or cut down the tree. Cutting down, harming, or killing a neighbor’s tree, even unintentionally, can be subject to criminal penalties of up to a $1,000 fine and up to six months in jail, as well as civil damages.

Who Is Liable for Fallen Trees?

Tree care includes maintaining its health, keeping it trimmed, and noting any dangers it poses. Failure to properly maintain a tree that causes damage will give rise to the owner’s liability for harm caused. Where a storm or earthquake causes a properly maintained tree to fall or lose a limb, the damage will be considered an act of God, and the owner will not be held responsible. The line between these two may not always be clear.

Who Is Responsible for Objects That Fall from a Tree?

Things that fall from a tree, such as fruit, leaves, or shade, are not the responsibility of the tree owner but of the owner of the property onto which it falls. Parts of the tree, like leaves, twigs, dead branches, etc., are considered natural debris and treated as any other material that falls or blows onto one’s property, even where they cause damage, like clogged gutters.

Do I Own Fruit from a Tree Overhanging My Property?

If your neighbor has a fruit tree that overhangs your property, the fruit on the tree belongs to your neighbor, even if it’s on your side, unless you have your neighbor’s consent. Any fruit falling from the tree on your side is all yours.

Can My Neighbor’s Trees Block My View?

Some communities have local ordinances regarding blocking a neighbor’s view. One case interpreted a fence height restriction to apply to a row of trees so as not to restrict their view.

Find Experienced Legal Help to Resolve Tree Disputes

A neighbor’s right to trim overhanging limbs or extending roots is not absolute, and the consequences to each party must be taken into consideration. It’s best to work things out with neighbors and, when self-help doesn’t work , hire a professional who knows both trees and boundary rules before taking legal action.

If you ever feel out on a limb about a tree issue, get legal advice from a real estate lawyer with experience in this area. For more information on this area, check out our overview of real estate laws.