Boundary Trees and Natural Nuisance

The Basic Truth

Grown trees on property lines can cause problems that lead to adjoining neighbor disputes which often end in lawsuits. By understanding the natural characteristics of trees, we believe that some disputes can be prevented. It is very important to remember that trees are living things and they continue to grow leaves, branches and twigs over time. And it is precisely this natural growth that most of the time can create that looming natural nuisance and disturbance to a nearby neighbor.

In California, there are regulating laws that provide settlement of disputes about boundary trees. Aside from the state’s statutory laws on trees there are also judicial laws which have been the subject of reference by attorneys for the past years. These laws have considered the trees’ location, health, origin, ornamental value and landmark value aside from its age.

Here are some important tips on what to do if you have a grown up tree along your boundary line.

Can you trim tree branches hanging over your property line from your neighbor?

Of course you can. In California, you have the right to trim branches and limbs that extend past the property line to your property. However, the law limits trimming and tree cutting up to the property line only. You are prohibited by law to go onto the neighbor’s property or destroy the tree.
Harming the tree can make you liable for up to three times the value of the tree. Trees have replacement value between $500 and $2500. Some trees are considered ornamental or landmark trees and can have an astonishing value between $20,000 and $60,000. Always use extreme caution in trimming trees.

Can I eat the fruit from the branches of my neighbor’s fruit tree that hand over my property?

Generally, the fruit belongs to the neighbor. It is prohibited to pick and eat the fruit from the tree’s branches that hang over your property.  However, local laws regulate fallen fruits from branches that hang over your property. You can check your local laws to see if you can eat any fruit that falls off the tree on your property.

Can I file a nuisance claim if my neighbor’s leaves keep blowing into my yard?

The answer is no. It is basic that leaves are considered a natural product. You will have no legal claims against the owner of the tree even if the leaves clogged your gutters and pipes or cause damage to your water systems. California laws mandate homeowners the sole responsibility of cleaning natural products and debris that fall into their yard.

To help prevent continued nuisance of natural products from a neighbor’s tree, you can consider building a fence on your side of the property. It may help keep the leaves from blowing into your property.

Who owns the tree if most of its branches hang over my property, but the trunk is on my neighbor’s yard?

Ownership of the tree is determined where that trunk is located. So long as the trunk is wholly on your neighbor’s yard, it belongs to your neighbor.

Now in cases where a tree’s trunk lies on the boundary of two or more properties, it is known as a boundary tree. The property owners will share ownership, responsibility and upkeep of the boundary tree. Therefore, it is unlawful to remove a boundary tree and get rid of its natural nuisance without the consent of all the property owners involved.