We are often contacted regarding San Diego disputes involving neighbors and trees.  Generally speaking, trees help to make the San Diego landscape more attractive while providing necessary shade and protection from the sun.  What happens when a neighbor’s tree is becoming annoying or the source of genuine dispute?

What to do with a neighbor’s annoying tree? Your neighbors may love their large shade tree, while you dread raking the leaves it deposits in your yard.  The overhanging branches of a neighbor’s tree may block sunlight to the otherwise perfect spot for your little garden.

Or maybe it is worse. Maybe the roots growing under the fence are beginning to lift a corner of your patio or disrupt a sewer line. In this situation, remember that trees have rights too, and sometimes more than people.

Getting to the “Root of the Problem” May Not be as Clear of a Picture as You Might Think

Ordinarily, people have no right to come onto your property without your permission—that’s called a trespass. This rule used to apply to trees too, but California knows better now.

Many states adhere to the old and simple rule that you may cut the roots and branches of your neighbors’ tree to your property line. (Mustoe v. Xiaoye Ma (2016) 193 Wn.App. 161 (Washington); Alvarez v. Katz, 2015 VT 86 (Vermont).)

But California’s laws and ordinances complicate the matter in San Diego disputes involving neighbors and trees by requiring you to consider whether cutting branches or roots on your property may damage the tree. (Booska v. Patel (1994) 24 Cal.App.4th 1786.)

So what do you do? The first step is simply to try to work out a solution with your neighbors.

If that fails, perhaps you should consider hiring an arborist to tell you whether your planned cuts or actions will damage the tree.

And if that doesn’t solve the problem, then California law may provide some legal remedies against your neighbor, especially when San Diego disputes involving neighbors and trees have resulted in damage to your property, such as the fence or patio, or the falling leaves are incessant.  The owner of the tree is in all likelihood liable for that.

The blogs and web pages of this site provide an educational insight into the challenges and problems of our clients.  Laws are always changing and new decisions may affect events after the post of an article.  They do not provide legal advice and you should not take action without contacting the Watkins Firm to speak with one of our experienced real estate dispute attorneys or calling us at 858-535-1511 for a free consultation to discuss the unique circumstances of your case.