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In summary, in California, trees are well protected. Code of Civil Procedure § and Civil Code § allow a tree owner to recover up to three times the cost of repairing the damaged tree. Under case law, the tree owner can also, recover for the damage caused to the aesthetic value of the tree. Aug 06, Removing a tree from personal property in California does not require a special permit unless the tree is a protected species like oak, redwood or manzanitas.
However, California residents can potentially face legal consequences by chopping down or trimming a tree of any kind on another person's property. Even if the tree is on private property, the city may step in and trim it back if the tree is interfering with city property, such as the obstruction of a sidewalk, crosswalk or blocking the view at an intersection.
Also, the city may step in and order the owner to trim or remove the tree if the tree is in violation of a local ordinance, such as:Estimated Reading Time: 8 mins. Although California courts recognized an absolute right to cut off once encroaching branches, property owners can now be held liable for harming their neighbor’s tree, even if they only cut the part of the tree that extends onto their own property. A. Determining Tree Ownership.
But before property owners can take action toAuthor: Ellis Raskin. Nov 28, California Property Lines and Tree Trimming Laws Another common area of contention concerns tree trimming. In California, trees are a beloved part of the landscape and are therefore more strictly protected here than in some states. So you have to be careful about cutting branches and roots, even if they extend onto your property. (a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Sections 40or Sections 65of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances.