Legal Question in Real Estate Law in California

Re: hedges and tree cutting

First, if the tree trunks are on the property line, so that part is on your side and part on the neighbor's, you are co-owners of the trees and share the rights and responsibilities of trimming and maintenance.

If, as you say, the trees and hedges stand on the neighbor's side but the branches (or roots) are intruding across the property line, to the extent of the intrusion this is a trespass, and you have the right to cut the intruding portions.

At least one appellate decision says you must do this "in a non-negligent manner," whatever that means; probably it would mean (among other things) professionally, safely, and so as not to endanger a tree's health or create a blow-over hazard.

Technically, the neighbor should pay for the trimming, but this would be the maximum extent of the damages a court would allow.

Blocking sunlight is not actionable in itself, but there is a law against "spite fences" over 10 feet in height. I am not aware of any case holding that a hedge is subject to that law, but it seems to me that if the intent, purpose and effect of the hedge is to act as a fence, a court might require it to be trimmed to ten feet.

I always urge neighbors to negotiate these tree disputes rather than threaten or actually initiate legal action. However, knowing the law is helpful when outlining your views during a negotiation.