The State of California Tree Law

Certification and Licensing: C-61/D-49 Tree Service

In California, it is a state law that requires everyone who do construction work exceeding $500 or more including labor and materials, must be licensed by the California Contractors’ State License Board. The State believes that in regulating licensed contractors it will protect the public.

If one enters into a contract with a contractor without a license, the Contractors’ State License Board may be unable to assist you in your future complaint. The only remedy against an unlicensed contractor would be in civil courts. Moreover, you can be liable for damages from injuries to the unlicensed contractor and his/her employees.

The State of California Civil Code 833

As part of the California Tree Law, a landowner has exclusive ownership for trees whose trunks stand wholly on his land. He/she maintains ownership even though their roots and/or branches grow into the land of another or a neighboring property.

The State of California Civil Code 834

For a tree whose trunk stand partly on land boundaries of two or more coterminous owners, in this case, the tree is commonly owned by these landowners.

The Landowners Responsibility over Trees

Growing tress in one’s land has its own responsibilities too. It is a borne duty of a landowner to inspect their trees and determine its health or if it poses a risk and danger to its neighbors. Landowners must remove branches or even an entire tree if it poses a hazard to its neighboring properties.

Tree owners can be liable for the failure to remove dangerous branches or dangerous parts of the tree. If it falls and injures someone or damages neighboring properties, tree owners will be made liable for damages.

Additionally, this situation is even beyond the protection of their insurance policy. If the landowner is found to have the prior knowledge of removing a dangerous part of a tree but failed to act before the accident happened, the insurer always decline their claim. The landowner is left personally liable for damages.

The Old Common Assumption of Encroaching Branches

It is a common assumption that homeowners have the absolute right to cut offending branches or roots that encroach onto their property.

The New California Tree Law of Encroaching Parts of a Tree

In 1994, the California tree law has changed drastically. It was on this year that a California Court ruled that a neighboring landlord no longer has the absolute right to cut encroaching roots and branches at his or her property line. Taken into account by this ruling is the health of the tree.

The Court Ruling was found in the case of BOOSKA vs. PATEL

A 30 to 40 year old Monterey pine was owned by a man named Booska. The Monterey pine’s roots grew into another neighboring property owned by Patel. However, a question remained as to whether the Monterey pine’s roots were actually damaging Patel’s walkways. Assuming the absolute right, Patel hired a contractor to dig a 3 foot deep trench between his yard and Booska’s property and severed the roots that have crossed his property.

After the incident, Booska filed a lawsuit against Patel for the creation of nuisance and for injuries to the tree. Apparently, the contractor who did the trenching was not sued because he went bankrupt. Supported by the testimony of an arborist or a tree specialist, Booska’s allegation claimed the Monterey pine was unsafe and unhealthy because its roots were severed.

Patel however, defended and argued that a landowner has the absolute right to prune roots and branches encroaching in his property. Patel cited several California cases to support his position which California attorneys have always depended on for the past years.

After the Court’s analysis on Patel’s argument and case citations, a new ruling was concluded. The court ruled that whatever rights Patel has in the management of his own land those rights are tempered or lessened by his duty to act reasonably.

This Court Ruling has generated a new California law that requires neighbors to act reasonably when pruning encroaching roots and branches. The health of a tree must be taken into consideration in pruning roots.

To stay away from costly litigations, keep in mind the Booska vs. Patel ruling when pruning encroaching roots and branches in your property. Besides, as part of the California Tree Law, liability to property damages still remains with the tree owner.