Tree Encroachment Laws in California

Residents of California will pay a price for ignoring tree laws.

Tree encroachment laws in California protect both the public and the trees themselves. While some tree laws apply statewide, others only apply within a municipality. Always double check tree laws before removing, trimming, or in any way altering a tree to avoid legal disputes.

Being Responsible

When tree branches encroach across a neighbor's property line in California, that neighbor must act reasonably if she opts to trim the branch back. A California appellate court ruled in 1994 that the trimming of the branch cannot damage the health of the tree. If damage occurs, the trimmer will be held liable. Certain trees in California, such as native California oaks, are protected and cannot be trimmed without first receiving a permit to do so.

The Pick

Fruits that grow on trees may be picked by anyone in California if the branch containing the fruit encroaches into the public way, according to EcoSalon. This law is statewide. Even if the trunk of the tree is on private land, the fruit may still be picked because the branch hangs over public land.

Public Safety

Public or private trees that encroach a power line are required to be trimmed under state law to prevent power outages and fires, notes the California Public Utilities Commission. Homeowners who prohibit utility workers from trimming trees that encroach power lines will be held responsible in the event of a vegetation-related hazard.

References

• CPUC: Why Do Electric Utility Companies Prune And Remove Trees Near High Voltage Power Lines
• EcoSalon: How Everyday Citizens Are Breaking The Law For Mother Earth
• Legal News California: Tree Law
• DOCS: The Oak Tree Ordinance

Resources

• Your Legal Corner: Your Neighbor's Fences And Trees -- Are They A Nuisance
• RRR Tree Service: CA Tree Law