Legal Question in Real Estate Law in California

Re: trees on property line

No, you cannot spray roundup it will may kill the trees. Yes you can prune. I would suggest talking with the neighbor.

Re: trees on property line

Trees whose trunks grow on the property line belong to both neighbors as tenants in common. Trees whose trunks stand solely on one side of the boundary belong to the neighbor upon whose land they stand.

When trees belong to one neighbor under these rules but portions of them grow over or under the boundary, the offending branches, roots etc. are considered trespasses, for which the owning neigbor is liable.

There are only a few reported (appellate level) cases, and they don't fully and definitively provide rules that cover all situations, but here is a distillation of what they say:

1. The neighbor who is trespassed against by limbs and roots can cut them at the property line.

2. However, in doing so, the neighbor cannot do so negligently. This probably means the pruning process should not injure or kill the trees, or leave them unsupported so they might topple in a windstorm of foreseeable strength.

3. The owning neighbor is responsible for the reasonable cost of the trimming, but additional damages will probably not be awarded.

4. Hiring a registered arborist to write a written opinion as to what degree of trimming is safe is always a good precaution.

5. If there is consequential damage such as buckling of pavement or foundation damage, you can probably get damages for that, too, but add an allegation of private nuisance to the complaint.

6. Generally speaking, no remedy for loss of view.

7. Trees that have the effect of being a fence have been held to come under the spite fence law (fence over 10 feet tall for no good reason may be a private nuisance).

8. In a subtle way, some species are more acceptable under the law than others; if your arborist tells you the variety of trees the neighbor has planted are noteworthy for shallow, invasive roots, or messy seed pods, you may have a better chance establishing a private nuisance if or when the time comes.

Finally, judges don't like neighbor disputes and much prefer that things between neighbors get worked out by negotiation. Needless to say, knowing the legal rules and having input from an arborist will assist you in conducting negotiations.