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California Neighbor Tree Disputes: Your Rights on Encroaching Branches and Roots

by | Fact Sheets

Overview

Tree disputes are among the most common, and costly, sources of conflict between neighbors in California HOAs. Branches hanging over property lines or roots spreading underground often cause messes, increased maintenance, and sometimes extensive property damage.

The law provides homeowners with strong “self-help” rights in some situations, but those rights are not unlimited. While homeowners can engage in self-help remedies, those rights are much broader when it comes to overhanging branches than they are regarding invading roots.

This Fact Sheet explains how to tell who owns a tree in the eyes of the law and what rights you have to cut your neighbor’s branches and roots. Homeowners who understand these rules can better protect their property and avoid costly mistakes.

For a deeper dive into this topic, see my article: “Disputes Involving Your Neighbor’s Trees in California.” You can also listen to related episodes of my podcast, HOA HELL, where I cover tree-related disputes amongst neighbors in California HOAs.

Key Points

Use this checklist to understand your rights and limits when it comes to a neighbor’s trees.

  • Tree ownership is based on the location of the trunk. Whoever’s land the trunk sits on owns the tree. If the trunk straddles a property line (where the tree is sometimes referred to a “line tree”), both neighbors are co-owners of the tree.
  • Overhanging branches can be cut. Homeowners have an absolute right to cut encroaching branches from their neighbors’ tree back to the property line, even if the tree itself is harmed in the process.
  • Encroaching roots are different. A homeowner does have the right to cut roots back to the boundary line, but that right is limited by a reasonableness standard. Some courts in California have suggested that roots may only be cut if they are causing actual damage, such as cracked pavement, broken hardscape, or a damaged pool. Even then, if the cutting harms the tree, the courts apply a balancing test to decide whether the action was reasonable. Judges look at whether less drastic measures, such as installing a root barrier, could have resolved the problem without injuring the tree. In other words, your right to remove roots is weighed against your duty not to destroy your neighbor’s tree.
  • Self-help has limits. You cannot enter your neighbor’s property or cut down the tree itself. Doing so can trigger trespass claims and expose you to double or triple damages. Everything you do regarding branches and roots must be done from your property and only to the property line.
  • HOA rules may add another layer. If your HOA’s governing documents have a nuisance provision (and most do), then the HOA has a duty to intervene if your neighbor’s branches or roots are causing damage to your property or creating a nuisance for you.
  • Document everything. If you’re going to engage in self-help, such as trimming back branches to the property line or cutting invasive roots, then take before, “during,” and after photos and videos. Also, get repair estimates, and put complaints in writing. When it comes to cutting roots, hire a licensed landscape contractor or arborist to help prove that you acted reasonably. This strengthens your position if the dispute escalates.

Tree disputes can spiral quickly. Knowing where your neighbor’s rights end, and yours begin, will help you stay in compliance with the law and with your HOA’s rules.

 

FAQs

How do I tell who owns a tree?

The owner of a tree is the owner of the property where the tree’s trunk is located. If the trunk straddles the property line, the tree is owned by both neighbors as tenants in common.

Can I cut off branches from my neighbor’s tree if they hang into my yard?

Yes. California law gives you the absolute right to cut encroaching branches back to your property line even if doing so ends up harming the tree. You do not need to show damages.

Can I cut roots from my neighbor’s tree if they are damaging my property?

Yes, but you must exercise much more caution. Courts will apply a balancing test to decide whether you acted reasonably under the circumstances. If your actions ends up injuring the tree, the court will look at whether less drastic measures, such as installing a root barrier, could have resolved the problem without injuring the tree. You should only hire a licensed landscape contractor or arborist to cut back a neighbor’s roots.

What happens if I cut down my neighbor’s tree?

You cannot enter your neighbor’s property or cut down the tree. Doing so is not only trespassing, but you could be held liable for double or triple damages (Civil Code 3346).

Is my HOA supposed to get involved if my neighbor’s tree is causing a nuisance?

Yes. Most CC&Rs include nuisance provisions. Your HOA has a duty to enforce them, and if it refuses, you may be able to sue the HOA in addition to your neighbor. Prevailing homeowners may also recover attorney’s fees under the Davis-Stirling Act.

What should I do before trimming my neighbor's branches or roots?

First, make sure that you’re only touching branches or roots that invade your side of the property line. Once you’ve confirmed that fact, document the issues with before, “during,” and after photos and video, and put everything in writing. If roots are involved, talk to a licensed landscaper or arborist to weigh whether less drastic options (like root barriers) can solve the problem without damaging your neighbor’s tree.

Should I notify my neighbor before taking trimming back branches or cutting roots?

That’s a good idea. You might also try contacting your neighbor directly before taking any action. It’s possible that your neighbor will offer to take care of the problem on their own.

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

 

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