Legal Question in Real Estate Law in California

Re: Tree falling

The tree owner's obligations can be divided into two general areas:

First, the owner has a responsibility to avoid, and to correct if it happens, any trespass or private nuisance related to the tree. To the extent any root or limb crosses the property line, it is a trespass, and I would say if a limb blows across the border, that is arguably also a trespass, although there is a good counter-argument. A private nuisance is somewhat different from a trespass although there is overlap and a condition can be both a trespass and a nuisance, but generally the latter is defined as a condition or activity on the land of D that interferes with neighbor P's right to peaceable enjoyment of his land. Both are torts and suit can be brought for money damages or to enjoin them in the future. As a practical matter, most tree trespasses don't create a problem between friendly neighbors, and no one dreams of bringing suit, but there are a lot of exceptions!

The other area of possible legal concern is negligence and resulting physical injury to persons or property if an improperly-maintained tree falls over from decay or in a windstorm. Out in the woods or in the country, owners of trees usually aren't held responsible to inspect and maintain their naturally-growing trees, but in cities and other crowded areas, a tree owner is very likely to be found liable if his tree or a part of it causes injury to a neighbor, visitor, passer-by, etc.