Resources: Newsletter Articles: Q&A: Trees, Neighbors, and Disputes

Can I trim the branches of the neighbor's tree that hang over my yard? What if I hurt the tree?
You have the legal right to trim tree branches up to the property line. But, you may not go onto the neighbor's property or destroy the tree itself. The basic rule is that someone who cuts down, removes or hurts a tree without permission owes the tree's owner money to compensate for the harm done. In most states, a person who intentionally injures someone else's tree is liable to the owner for two or three times the amount of actual monetary loss.

A large pine tree hangs over my yard, but the trunk is on my neighbor's property. Who owns the tree?
Your neighbor. The law states that a tree whose trunk stands wholly on the land of one person belongs to that person. If the trunk stands partly on the land of two or more people, it is called a boundary tree, and in most cases it belongs to all the property owners. All the owners are responsible for caring for the tree, and one co-owner may not remove a healthy tree without the other owners' permission. My neighbor's tree looks like it's going to fall on my house any day now. What should I do? You can trim back branches to your property line, but that may not solve the problem if you're worried about the whole tree coming down. The Oakland Municipal Code defines hazardous tree conditions and addresses ways of mitigating those conditions on both private and public property. You might also get help from a utility company, if the tree threatens its equipment. For example, a phone company will trim a tree that hangs menacingly over its lines.

My neighbor isn't being responsive. Now what?
Working things out with your neighbors is always your best remedy... but if that doesn't work, try mediation. Most legal mechanisms will cost time, money and may jeopardize any future relationship. If you live in a subdivision or planned unit development, you and your neighbor are likely to be subject to property regulations (Covenants, Conditions and Restrictions) that may address the specific issue or prescribe a conflict resolution process.

Where do I go for more information?
Before taking any action, visit the Oakland Parks and Recreation Tree Section website at http://www.oaklandnet.com/parks/customerservice/trees.asp, or call them at (510) 615-5850.

sherrybenninger@grubbco.com

The GRUBB Co., 1960 Mountain Blvd., Oakland, CA 94611

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