Legal Question in Real Estate Law in California

Re: Trees

Civil Code sections 833 and 834 deal with ownership of trees. As you probably know, trees whose trunks stand on the property line are co-owned, while those standing solely on one owner's property are his alone, regardless of where the roots or limbs extend. That's about all these sections say. The case law for 834 says that co-ownership doesn't make it OK for one neighbor to cut down the odd-numbered trees, leaving the even-numbered trees as the other guy's half, because each owns 1/2 of every tree. The cases are over 50 years old, so this is what you might call "settled law."

Section 833 gets a little more recent play, there being a fairly large amount of litigation over root and limb encroachment, falling leaves and fruit, viewshed obstruction, and the like.

Without knowing more about the nature of your dispute, I can't offer more specific advice, but if you want to look up the most-cited neighbor tree cases, try:

Grandona v. Lovdal (1886) 70 Cal. 171

Bonde v. Bishop (1952) 112 Cal.App.2d 1

Booska v. Patel (1994) 24 Cal.App.4th 1786.

Re: Trees

CCC section 834 deals with the ownership of tree roots. General research may not be helpful without better details.

We have 2 cases involving tree roots and damage to property, so we have some experience in the area.

Please feel free to contact our office for a free consultation of the facts of your case. (626) 578-0708 oronline at No-Probate.com