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

If your trees are in need of a trim, the Sacramento Tree Foundation recommends pruning in the winter while the plants are dormant.

But if it’s not your tree that needs trimming, there are a few things you should know to avoid possible legal trouble.

Jorge Velasquez, of the Elmhurst neighborhood, asked the California Utility Team what rights he has in a situation where branches from a neighbor’s tree are encroaching on a rental property he owns. Velasquez is worried overhanging branches might break off and cause damage.

Can you trim overhanging branches from a neighbor’s tree? Here’s what we know:

When can you cut a neighbor’s trees?

First, let’s go over who owns what trees. If a tree’s trunk is located fully on your property, it’s yours. If a tree’s trunk is located fully on your neighbor’s property, it’s theirs.

If a tree’s trunk sits partially on your land and partially on your neighbor’s land, ownership is shared. In this third case, you can trim up to the property line but you can’t destroy or damage the tree without the neighbor’s consent.

And while California’s code of civil procedure prohibits cutting down trees owned by your neighbor, you are allowed to cut tree limbs or roots that encroach on your property.

Trees with trunks fully located on your neighbor’s property but that have roots or limbs spilling over onto your property can be nuisances. You can trim them up to the property line, but not over it, as long as you stay on your side of the line to conduct the work, according to the California civil code.

Tree trimming must be reasonable

But there is a caveat: any trimming you do must be reasonable. In a 1994 court case known as Booska v. Patel, an appellate court upheld the right of landowners to trim encroaching trees, but they added a reasonableness standard.

What this means is you can’t trim a tree that you don’t own in such a way that would kill the tree or cause it unnecessary harm. If your trimming causes the tree to die or inflicts so much damage that the tree’s value is destroyed, you could be forced to pay up to three times the damage.

Tree trimming tips

When dealing with encroaching branches, you can try talking to your neighbor about the problem first.

They may end up trimming the tree branches themselves, thereby avoiding these legal issues. If you decide to go ahead with trimming, look into hiring a professional who understands how to trim trees safely and knows rules around boundaries.

This story was originally published November 1, 2021 at 10:44 AM with the headline "Can I trim branches from a neighbor’s tree if they are on my property? Here’s what to know."