Legal Question in Real Estate Law in California
Can we trim tree branches on our side?
The large tree next to my property line spreads half of its branches over my side. The tree trunk is completely in my neighbor side; therefore, the tree is his. From what I know so far, I can trim any branches that go over my side. When I call a tree service company (a well known one that is fully insured (bonded, work comp, liability insured), the owner told me that if I trim all the branches on my side, the tree may die. He also said that 4 years ago, they passed the law that we do not own the sky, we own the dirt. So, if we trim branches that do not touch the ground and if the neighbor does not like it, he may sue both the invaded property owner and the tree company. The owner also said that his company lawyer informed him about this law. I do not think the tree company lies to me, since it has no benefit doing so and loses a business. Is that statement true? Does that mean my neighbor can let his tree grow into my side in a large area and the law will protect him?
1 Answer from Attorneys
Re: Can we trim tree branches on our side?
There are new laws and new court decisions from time to time that limit a property owner's claim on the space above the surface of the ground, e.g. it is not a trespass for an airplane to fly over your land at approved altitudes.
On the other hand, as far as I know a property owner still has the right to trim overhanging branches of a neighbor's tree on a trespass theory.
There seems to be one important limitation on that right, however. The trimming must be done, in the words of one case, 'non-negligently,' whatever that means. Booska v. Patel (1994) 24 Cal.App.4th 1786; see also Bonde v. Bishop (1952) 112 Cal.App.2d 1.
I suppose if a professional tree trimmer thought the tree might die due to the proposed trimming, to go ahead and trim might be found negligent, especially if the harm caused by the branches was slight in comparison with the harm resulting from the death of the tree. This is undoubtedly what's on the tree trimmer's mind.
As so often happens in modern society, a property owner's once near-absolute right to deal with his own land has been abridged in favor of the interests of a crowded, urban population. Whether this is right or wrong may be a major philosophical question, or just depend which side of the boundary fence you're on.
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