tree trimming law in california

[tere]

California State:
I currently have a problem with my neighbor re: his oak tree. I offered to to trim down the tree myself and he rejected my offer. The tree creates a lot of trash and damage from the residue it leaves behind. He had a registered consulting arborist evaluate and appraise the oak tree, then he stated that if we were to alter the tree (roots.limbs.branches etc) in any manner to consult our attorney. He included a referenced to law that was modified in 1985, the Common Massachusetts law that allowed trees to be trimmed to the property line. He also stated the tree has the "right of way" because the tree was established long before either one of us moved in. (Keep in mind we are only asking for the tree to be trimmed not removed) How true are these statements? Was there a law modified in 1985 and Does this law apply to all trees or only certain trees? What can I do in this case

 

[HomeGuru]

If the tree is not on your property, then you can not touch it.

 

[tere]

Thank you very much for your prompt response. does this hold true even if about 25-30% tree is overhanging onto my property?

 

[HomeGuru]

If the tree is overhanging into your property then pursuant to the law, it is said to be on your property. Therefore, you are free to cut branches etc. that are on your property.

 

[tere]

Where can I go to get a copy of the law that entitles me to be able to cut the branches for the tress that overhangs on to my property.


Another question, is the cork oak tree protected in any way?

 

[HomeGuru]

Do a search under CA tree law or http://www.nolo.com

 

[gsuburban]

Just because some of the oak is growing over your boundary line or fence does not mean you can just cut it off at that location. Since 1996, California laws changed which state you must consider the health of the tree as a plan to trim it. Cutting an oak just to get it off of your side of the fence is not good enough. You have to show intent to safeguard the tree so, this means spending much cash by hiring an arborist or a licensed tree company at the least allowing them to decide how the tree should be cut to mitigate your reasons for trimming the tree. If it's not healthy, then you will get much leeway. If there's a safety hazard or you cannot drive your motor home or car down your driveway or near the garage and the neighbor's oak tree is preventing free use of your property, then you will likely get much more latitude by hiring the arborist to lean your way and at least you have complied with the state and/or local city laws. Some cities do not have local ordinances and maybe the county might not but the state likely does. Either way, check first or just spend ten times the money have let the liability fall on the arborist if the neighbor decides to file a frivolous civil action against you, like mine did.

All I did was clear away a branch that had been growing into the power lines to both, the neighbor and my house. Three days later, they served a lawsuit claiming trespass, mutilating the tree and other malarky. Home insurance won't be much help however, if you get into this kind of situation, do not call your home owners first. Just send them a lawsuit and let them assign it to their lawyers. Last thing you need is to say something they can use to deny coverage because you were intentionally doing something or lack of an occurance etc. Then, I'd find a plantiff attorney to file action against your neighbor for a frivolous action against you, especially if you hired a licensed or arborist tree service. If you have good reason to trim, you will be good. If all your reason to trim is to get it off your side, you won't have any defense because the state or city says, tree health is first...your reasons are last.

 

[Zigner]

This thread is just shy of TEN YEARS OLD! Please don't necropost.

Just because some of the oak is growing over your boundary line or fence does not mean you can just cut it off at that location. Since 1996, California laws changed which state you must consider the health of the tree as a plan to trim it. Cutting an oak just to get it off of your side of the fence is not good enough. You have to show intent to safeguard the tree so, this means spending much cash by hiring an arborist or a licensed tree company at the least allowing them to decide how the tree should be cut to mitigate your reasons for trimming the tree. If it's not healthy, then you will get much leeway. If there's a safety hazard or you cannot drive your motor home or car down your driveway or near the garage and the neighbor's oak tree is preventing free use of your property, then you will likely get much more latitude by hiring the arborist to lean your way and at least you have complied with the state and/or local city laws. Some cities do not have local ordinances and maybe the county might not but the state likely does. Either way, check first or just spend ten times the money have let the liability fall on the arborist if the neighbor decides to file a frivolous civil action against you, like mine did.

All I did was clear away a branch that had been growing into the power lines to both, the neighbor and my house. Three days later, they served a lawsuit claiming trespass, mutilating the tree and other malarky. Home insurance won't be much help however, if you get into this kind of situation, do not call your home owners first. Just send them a lawsuit and let them assign it to their lawyers. Last thing you need is to say something they can use to deny coverage because you were intentionally doing something or lack of an occurance etc. Then, I'd find a plantiff attorney to file action against your neighbor for a frivolous action against you, especially if you hired a licensed or arborist tree service. If you have good reason to trim, you will be good. If all your reason to trim is to get it off your side, you won't have any defense because the state or city says, tree health is first...your reasons are last.