Tree Roots and Branches: Who Owns Them?

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Over the Memorial Day weekend I was doing some yard work and thought about the number of clients that I have consulted with regarding trees and property rights. One of the most commonly asked questions are about a neighbor's tree branches and roots crossing over property lines. With backyards shrinking from smaller and smaller lots, trees are becoming a sore subject between adjoining property owners. I have witnessed neighbors enter into feuds similar to the Hatfield's and McCoy's. For one property owner, the tree is providing necessary shade in the hot Fresno Summers. For the other property owner, the tree branches and roots are clogging pool equipment and soiling pristine pools and spas.

What are property owners' rights and duties regarding trees, roots and branches in California? First, determine where the tree, branches and roots are located. California's law looks at the location of the tree trunk. Be careful in determining where the tree lies. Fences are not a reliable in determining property boundary lines. I have represented many clients who thought that a fence was the property line. A surveyor is the best way to determine property lines.

Next, it would be smart to talk to the neighbor and ask permission to cut trees that are close to the property lines. Most neighbors will not mind, or will be thankful to have the tree trimmed or removed. A few will be vehemently opposed. At this point, you will be warned at the reason of opposition. You would be surprised at the different reactions people have with trees. Perhaps your neighbor has a different idea where the boundary line of the property is located. Perhaps the tree has a great sentimental value to that owner. Living in the Fresno area, many Native American Indians have spiritual connections to the living plants on their properties. Regardless, a simple conversation with your neighbor before you do anything is the best policy to avoid finding yourself in a lawsuit.

If an issues arises, make sure to act lawfully. If the tree trunk is exclusively on the land of one owner, then it belongs to that owner. Branches and roots that encroach on to the neighbor's land can be trimmed to the boundary line. The neighbor should make sure that when trimming, not to trim so much that the tree becomes diseased, or dies. If a tree trunk lies on the boundary, where part of the trunk is on one property, and the other part is on the other, both property owners own the tree. Each owner has the right to keep the tree alive. Both property owners must be in agreement to get rid of such a tree. The best policy is to hire a licensed arborist to assist in these types of scenarios.

Finally, if you find a neighbor acting unlawfully, the courts in Fresno will issue an injunction to prevent further harm to a tree. If a tree was wrongfully removed, the court system will award damages, including punitive damages.

Ken Jorgensen, California Attorney

www.fresnolawgroup.com