California neighbor tree law, in plain English

This is a plain-English guide by a consulting arborist, not legal advice. Every section links the statute or case. Last reviewed October 23, 2026.

1. Who owns the tree: Civil Code 833 and 834

Ownership is decided by the trunk, not the canopy or the roots.

§ 833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.

§ 834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.

What it means. If the trunk is entirely on your neighbor's lot, it is their tree, full stop, even if most of it hangs over your yard and its roots are under your house. If the trunk straddles the line, it is a boundary tree owned in common: neither of you may remove it without the other's consent, and both of you share responsibility for it.

Where disputes go wrong. People argue from the canopy. The arborist measures the trunk at ground level against the apparent line and photographs it. Where the actual line is in doubt, a licensed land surveyor settles it; the arborist's report says so and does not guess.

2. What you may cut: self-help and its limit

California follows the long-standing rule that a landowner may cut back branches and roots that encroach onto their land, to the property line, at their own expense, without the tree owner's consent. The limit comes from the Court of Appeal:

Booska v. Patel (1994) 24 Cal.App.4th 1786. A San Francisco homeowner cut the roots of a neighbor's Monterey pine on his side of the line to a depth of about three feet; the tree became unstable and had to be removed. The court rejected the argument that a landowner has an absolute right to cut encroaching roots regardless of the harm, holding that the right must be exercised reasonably and that the cutting neighbor owes a duty of care to the tree's owner.

What it means. Trimming the branches over your roof is fine. Severing the structural roots of a mature tree two feet from its trunk is not, even on your side, and if the tree dies or falls you can be liable for it. Where the reasonable line is depends on the species, size and condition of the particular tree, which is what an arborist's report establishes before anyone cuts. Nothing past the property line is ever yours to cut.

3. Damages for cutting a neighbor's tree: Civil Code 3346 and CCP 733

§ 3346(a). For wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof, the measure of damages is three times such sum as would compensate for the actual detriment, except that where the trespass was casual or involuntary, or that the defendant in good faith believed the land was his own, the measure of damages shall be twice the sum as would compensate for the actual detriment…

What it means. Cut down or seriously damage a neighbor's tree and you owe at least double its value; wilful and malicious cutting is treble. Code of Civil Procedure 733 provides a parallel treble-damages remedy. "Actual detriment" is usually established by a tree appraisal under the Council of Tree and Landscape Appraisers Guide for Plant Appraisal, which is why appraisals matter in these cases. Appraisals are delivered through Urban Forestry Guide.

4. When a tree falls: negligence, not strict liability

There is no statute that makes a tree owner automatically liable when their tree falls on a neighbor. The rule is ordinary negligence under Civil Code 1714: everyone is responsible for injury caused by their want of ordinary care in the management of their property.

§ 1714(a). Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…

What it means. The owner is liable if they knew, or a reasonable owner would have known, that the tree was hazardous and did nothing. The owner is not liable if a sound tree failed in extraordinary weather, an act of God. Everything turns on the condition of the tree before it failed, and on whether the owner had notice. A written notice with an arborist's findings, sent before the failure, is the single most important piece of evidence in these cases, from either side. See tree fell on my property and dead tree next door.

5. Nuisance: Civil Code 3479

§ 3479. Anything which is injurious to health… or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property… is a nuisance.

What it means for trees. Roots that lift your driveway or limbs that damage your roof can be a private nuisance supporting damages and a court order to abate. Shade, ordinary leaf and needle litter, and a blocked view are not nuisances under California law; courts have been consistent that trees doing what trees do, without damage, is not actionable. The line between "annoying" and "nuisance" is actual damage or a real hazard, and an arborist's report is how that gets documented.

6. Fences on the line: Civil Code 841

§ 841(b)(1). Adjoining landowners shall share equally in the responsibility for maintaining the boundaries and monuments between them. (2) Adjoining landowners are presumed to share an equal benefit from any fence dividing their properties and, unless otherwise agreed to by the parties in a written agreement, shall be presumed to be equally responsible for the reasonable costs of construction, maintenance, or necessary replacement of the fence.

What it means. The default is 50/50, after 30 days' written notice describing the problem, the proposed fix, the cost and the proposed split. The presumption can be overcome by showing it would be unjust on the facts, and "your tree's roots destroyed the fence" is the most common argument for shifting the split. That argument needs the roots traced and attributed, not assumed.

7. Small claims and limitations periods

An individual may bring a claim of up to $12,500 in small claims court (Code of Civil Procedure 116.221), without a lawyer, on a filing fee of under $100. Most fence, driveway and single-incident tree damage claims fit. The report is the evidence; the arborist can attend at an hourly rate if the judge wants questions answered. Actions for injury to real property generally must be filed within three years (Code of Civil Procedure 338).

8. Views: no state right, some city ordinances

California recognizes no general right to light, air or a view across a neighbor's land, and a tree that blocks a view is not a nuisance for that reason. A small number of cities have adopted view ordinances that create a local claim with its own definitions, exemptions, process and cost rules. In the Bay Area these include Oakland (OMC 15.52), Berkeley (BMC 12.45), Tiburon, Belvedere and Sausalito. All of them require a documented attempt to resolve it with the neighbor first, prefer trimming and thinning over removal, and generally put the cost on the claimant. See tree blocking my view.

9. Protected-tree ordinances: the rule that overrides the neighbors' deal

Almost every Bay Area city regulates removal, and often heavy pruning, of trees above a trunk-size threshold or of listed species, on private property, regardless of what adjoining owners agree. The thresholds, species lists, measurement rules, fees and penalties differ city by city and are catalogued for 56 jurisdictions on Urban Forestry Guide. Three consequences for neighbor disputes:

• A neighbor cannot make you remove a protected tree, and you cannot remove it to end the argument, without a permit. Hazard is usually grounds; a fence or a view usually is not.
• Heavy pruning or root cutting of a protected tree may itself require a permit, even on the neighbor's side of the line.
• Unpermitted removal carries penalties that often exceed the cost of the dispute. The report states which rule applies before anyone cuts.

10. How a dispute usually resolves

1. Facts. An independent arborist documents ownership frame, condition, encroachment, cause and hazard, and cites the law and ordinance. This is the Dispute Assessment Report.
2. Conversation, then letter. Most disputes end when one neighbor hands the other a neutral report and a one-page letter proposing specific, reasonable work and a cost split.
3. Mediation. Every Bay Area county has a community mediation program that takes tree cases at low or no cost. The arborist can attend by the hour. View ordinances build this step in.
4. Small claims or civil action. Damage up to $12,500 goes to small claims with the report as evidence. Larger damage, injunctions and view claims go to superior court with counsel, and the arborist becomes a retained expert.

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Sources

1. Civil Code § 833; § 834; § 841; § 1714; § 3346; § 3479, California Legislative Information.
2. Code of Civil Procedure § 116.221; § 338; § 733.
3. Booska v. Patel (1994) 24 Cal.App.4th 1786 (Cal. Ct. App., 1st Dist.).
4. Oakland Municipal Code Chapter 15.52; Berkeley Municipal Code Chapter 12.45.
5. Council of Tree and Landscape Appraisers, Guide for Plant Appraisal, 10th ed. (ISA, 2018, rev.).