Does my neighbor have to pick up fallen branches? Pay for damage? Know these California laws

As the seasons change, so do the issues posed by your — and your neighbor’s — trees.

Leaves from a neighboring property might blanket your yard in the fall, and winter winds might blow your branches onto a nearby yard.

Before taking matters into your own hands, it’s important to know and understand California’s legal protections for both your property and your neighbor’s.

Here are four California laws you need to know:

Can I trim branches from a neighbor’s tree on my California property?

It depends.

Depending on where the tree’s trunks and branches lie on your property line, you can trim or cut them to upkeep your space — but you can’t go over the line, according to state law.

All trimmings should be reasonable and shouldn’t harm or kill the tree. Otherwise, you could be responsible for any damages.

If the tree trunk sits directly on the property line, you and your neighbor have shared ownership.

Therefore, any actions that could destroy the tree require mutual consent, according to California’s code of civil procedure.

READ MORE:

• Can I trim branches from a neighbor’s tree if they are on my property? Here’s what to know

What can I do if my neighbor’s tree damages our shared fence?

California Civil Code 833 says that if a tree’s trunk is solely on the land of one’s neighbor, the tree belongs to them even if the roots grow into another property.

While California’s code of civil procedure prohibits cutting down your neighbor’s tree, you can cut or trim the parts of the tree that encroach on your property as long as you don’t do lasting damage or kill the tree itself.

When your neighbor’s branches and roots come onto your property and cause damage, California law states, it can be considered a nuisance.

If your property is damaged, you can seek compensation for the damages, state law says.

READ MORE:

• Is my California neighbor responsible for damage to our shared fence? What the law says

Who is responsible for fallen leaves or branches? Can I sue?

If a fallen branch causes property damage or if a tree is damaged or diseased without the owner’s intervention, legal action can be taken, real estate lawyer Robert J. Enos of BPE Law Group told The Sacramento Bee in 2021.

“If a branch comes off and it just lands in the grass on your yard and really doesn’t do any damage ... you’re not going to really have an action,” Enos said.

If the branch creates property damage, the negligent tree owner’s insurance has to cover the damage, Enos said.

However, Enos said, your neighbor is not liable if small debris, such as leaves, falls in your yard, or if larger branches fall due to an “act of God,” such as wind or a severe storm.

READ MORE:

• Your neighbor’s tree is dropping branches in your yard. Can you take legal action?

Can I eat fruit from my neighbor’s tree if it falls on my property?

In California, any fruit that hangs or falls onto your property is yours to keep.

While picking fruit from public trees or overhanging sidewalks is generally allowed, it depends on where you are.

The California Code of Regulations outlines restrictions on state buildings and prohibits picking or damaging plants and flowers on state grounds.

If the fruit isn’t hanging over a public sidewalk and you reach into your neighbor’s yard for it, that is considered theft.

Taking less than $950 worth of personal property is considered petty theft, according to Shouse California Law Group.

READ MORE:

• Is eating fruit from my neighbor’s tree considered theft in California? What to know

Angela Rodriguez

The Modesto Bee

279-386-2738

Angela Rodriguez is a service journalism reporter for The Bee. She is a graduate of Sacramento State with a bachelor’s degree in journalism. During her time there, she worked on the State Hornet covering arts and entertainment.