PRACTICE AREA
Tree law for California property owners.
Neighbor tree disputes, Civil Code 833 and 834, line trees, encroaching roots and limbs, hazardous trees, and defensible-space boundary matters in Shasta County and Northern California.
California tree law is specific
Tree disputes between neighbors are governed by a distinct body of California law — Civil Code sections 833 and 834, case law on encroachment and nuisance, and local fire-safety requirements. Resolving them requires understanding both the legal framework and the arboricultural facts. Jeremiah Howe holds ISA Certified Arborist credentials, which directly informs how these matters are analyzed and handled.
MATTERS HANDLED
Civil Code 833 and 834
California Civil Code sections 833 and 834 govern ownership of trees on or near property lines. Understanding which statute applies — and how courts have interpreted it — is the starting point for most neighbor tree disputes.
Neighbor cutting and damage
When a neighbor cuts, trims, or damages a tree without authorization, California law provides remedies including the value of the tree and, in some cases, treble damages.
Line trees
Trees whose trunks straddle a property line are jointly owned under California law. Disputes over maintenance, removal, and cost-sharing for line trees require careful analysis of ownership and consent.
Encroaching roots and limbs
California law gives property owners the right to trim encroaching roots and limbs to the property line, but that right has limits. Disputes arise over damage caused by encroachment and the cost of abatement.
Hazardous trees
A tree that poses a danger to neighboring property can give rise to nuisance claims. The analysis turns on notice, the condition of the tree, and what a reasonable owner would have done.
Tree valuation
When a tree is wrongfully damaged or destroyed, its value must be established for purposes of damages. ISA valuation methods and expert analysis are part of how these claims are built.
Defensible-space boundary disputes
California's defensible-space requirements can create conflicts between neighbors over vegetation management near property lines. These disputes involve both fire-safety law and property rights.
CREDENTIALS
ISA Certified Arborist credentials
Jeremiah Howe holds ISA Certified Arborist credentials in addition to his California law license. In tree law matters, that background informs the legal analysis — the ability to assess a tree's species, condition, location, and history is part of how these disputes get evaluated and resolved.
CONSULTATION
Discuss your tree dispute.
Tree law matters often involve time-sensitive facts — the condition of a tree, recent cutting, or an ongoing encroachment. The right first step is a conversation about what happened and what you are trying to accomplish.