Legal Question in Real Estate Law in California

There is a medium-sized (~18" diameter) oak tree straddling the property line between my house and my neighbor. A large branch looks like it might eventually fall off, potentially damaging the fence beneath it. The fence is on my property. Would my neighbor be partially liable if this happens (since the tree is on his property as well as mine)?


Asked on 11/01/11, 7:43 am

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Although there is a real estate aspect to your question, the main issue has to do with the tort of negligence, and this real-estate lawyer is not that certain about issues of liability for negligence, but my best guess is that among joint tortfeasors neither is liabile to the other for injury to said other party. In other words, the neighbor would not share liability.

I could be wrong, or right but with the wrong reasoning. Hopefully, you'll get another answer.

My suggestion is to have an arborist look at the tree and give you professional advice on the degree of risk that the branch will fall, and follow his advice.

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Answered on 11/01/11, 8:53 am
Gary R. White Burton & White

Trimming the tree makes more sense than asking what if questions.

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Answered on 11/01/11, 10:20 am
Anthony Roach Law Office of Anthony A. Roach

�Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.� (Civ. Code, � 834.)

Since you are both owners of the tree, both of you are responsible.

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Answered on 11/04/11, 10:43 am


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