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Trees vs Shrubs

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geryon

Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA

I see in the CA Civil Code the following laws:

833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.

834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.

I can't find any laws that mention other kinds of vegetation.

My question is, is a shrub or bush considered a tree as far as these laws go?

Then, if a shrub is not a tree, and if the shrub spans lots, can one lot owner remove it without consulting the other?
 


HomeGuru

Senior Member
geryon said:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA

I see in the CA Civil Code the following laws:

833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another.

834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.

I can't find any laws that mention other kinds of vegetation.

My question is, is a shrub or bush considered a tree as far as these laws go?

Then, if a shrub is not a tree, and if the shrub spans lots, can one lot owner remove it without consulting the other?
**A: no, but the shrub can be trimmed up to the property line.
 

BelizeBreeze

Senior Member
Any growth including trees, shrubs, grass and the ocassional mushroom can be removed from encroachment up to the property line.

If the shrub's bushy part is hanging over the fence, then the neighbor who's land it intrudes upon may legally trim the offending part up to the property line. This goes for roots also.

But then, if you have a litigous neighbor, be ready to head to court.

By the way, the aforementioned mushrooms should be picked, dried and smoked, then the offending shrub won't be a bid deal Mon :D
 

HomeGuru

Senior Member
BelizeBreeze said:
Any growth including trees, shrubs, grass and the ocassional mushroom can be removed from encroachment up to the property line.

If the shrub's bushy part is hanging over the fence, then the neighbor who's land it intrudes upon may legally trim the offending part up to the property line. This goes for roots also.

But then, if you have a litigous neighbor, be ready to head to court.

By the way, the aforementioned mushrooms should be picked, dried and smoked, then the offending shrub won't be a bid deal Mon :D
**A: but on the root issue, you can't cut the roots in such a way and for the sole purpose of killing the tree.
 

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