Legal Question in Real Estate Law in California

Re: Removing a tree on my property planted by a neighbor

Trees that lay between 2 properties are owned by both neighbors as tenants in common. As such each neighbor has a duty to care for the tree and do nothing that would injure or endanger it. My office handles tree cases regualrly and if you need further assistance call us directly.

Scott J. Jarvis

Attorney at Law

(562)597-7070

Re: Removing a tree on my property planted by a neighbor

Your questions about the tree should first be decided by a survey of the property line. Once the survey determines where the tree is vis-a-vis the property line, you may begin to address your questions. You may be well within your rights to remove the tree, but if its presence adds value to your neighbor's property, there may be damages to pay if you remove the tree without your neighbor's consent. I would first try to arbitrate the dispute to see if you can come to an agreement over the costs of trimming or removing the tree. I would err on the side of keeping the tree there or having it trimmed by a reputable and considerate tree trimming service.

Re: Removing a tree on my property planted by a neighbor

Civil Code sections 833 and 834 govern ownership of trees; 833 says trees whose trunks stand wholly upon the land of one owner belong exclusively to him; 834 says trees whose trunks stand partly on the lands of two or more coterminous owners belong to them in common.

If the tree trunk was 100% on your property, it would without question be yours, notwithstanding that a neighbor planted it. I do not know of any appellate decision interpreting 833 and 834 where a tree has grown so that it is no longer a section 833 tree and has become an 834 tree.

My guess is that section 834 would be interpreted strictly, without regard to the former status of the young tree as 100% yours; that being the case, you cannot cut it down without the neighbor's consent.