Legal Question in Real Estate Law in California

Re: Property Line - Tree

No, but if a neighbor complains, then you must prune the tree or the neighbor might do it on the neighbor's side of the property. You'd prefer, of course, to prune it evenly around, rather than prune it flat on one side.

Re: Property Line - Tree

A property boundary does not exist solely at the surface of the earth. The boundary isn't a line, it is an imaginary plane originating somewhere deep beneath the earth's surface and extending way up into the sky. The concept of the boundary of a parcel of real estate was well evolved before we had airplanes and deep tunneling and drilling. Airplane flights have caused courts to revise the 19th Century concept of absolute ownership as high as can be seen; airplanes aren't any longer considered to be trespassing on the parcels they fly over(or through?), but there was a time when that was a genuine issue in our courts. However, if someone wants to drill a tunnel for any purpose 500 feet or more below the surface of your land, they better get an easement.

So, tree limbs or roots that grow beyond the boundary, either over or under someone else's land, are a trespass, and the owner of the tree is responsible for said trespass.

Courts have treated tree limb and root trespassing differently than other trespasses to land, and in some respects differently from each other. First, there is a right to self-help in either case, without having to go to court for an order, as is often the case with abatement of trespass. The offended neighbor can cut overhanging branches back to the property line. Roots may also be cut to the property line, but apparently only if they are causing harm.

Any cutting must be done reasonably, so as to avoid unnecessary injury to the tree. Generally, the neighbor is not entitled to recover the cost of doing the trimming, but if there has been actual monetary damage done by the roots or limbs, a court may include the abatement (trimming) costs in a damage award.

Tree branches, limbs, falling leaves, fruit, nuts, etc. can also be the subject of an action for private nuisance. Often, when suit is necessary, both trespass and private nuisance should be alleged together.