06/18/2026
Wednesday’s Words of Wisdom.
A real property lawyer gets asked these questions a lot, “What can I do about a tree overgrowing the fence on my side of the property line? What if the roots of the tree are causing property damage to my sidewalks, patios or even the foundation of my house?
The answer: It depends. Everyone seems to think that property lines extend up in the air and you can just cut the branches of the tree up the property line with reckless abandon. Not so fast. California has hybrid rules. If you damage or kill a tree belonging to your neighbor, you can be held liable up to 3 times the value of the tree 🌲. So how much can a tree be worth you say? I explain to my clients to imagine what it would cost to replace that exact tree, fully grown, installed with a crane into place, with all the labor, and multiply that by 3. I had a case 20 some years ago where the tree company was hired to remove a tree and they went to the wrong property and removed a massive 70 year old ornamental cypress which was the centerpiece decoration of the property. My expert calculated a $75,000 replacement cost, possibly being a claim for triple the value, or $225,000.00!!! Damages can also be obtained for loss of shade and increased electric bills.
But, you do have rights to protect your property and even yourself if any part of a large overgrown tree is a hazard. Don’t navigate this legal landscape alone. Get some legal advice to know your property rights.