As the weather turns warmer, people generally begin thinking about yard work, which often includes pruning trees or cutting hedges.  If you’re thinking about doing this type of yard work, you should be careful because a mistake can be quite costly.

Do I need a permit?   Chances are, there is a government regulation that limits the cutting or trimming of a tree—even a tree on your own property.  Many counties and cities in California regulate which trees can be cut or how much can be pruned.  Be sure you know about the limitations that may apply to your particular situation.

Make sure that the tree you are cutting down is your own.  Assuming that you have permission from your local government, there is still the issue of your neighbors.  Trees along boundary lines can cause confusion and problems for would-be tree trimmers.  If you want to cut down a tree that is along your property line with your neighbor, but which you believe is on your property, you should be sure that the tree is actually on your property.  There are significant monetary damages awarded under California law where one mistakenly cuts down the tree of another.  Under California law, where someone without permission accidentally cuts down someone else’s tree (or shrub) they can be forced to pay the tree owner twice the damages.  (If one intentionally cut down someone else’s tree, they can be forced to pay three times the damages.)

Here is the important part: the measure of damages is not the value of replacing the tree; the measure of the damages is the diminished value of the property from which the tree was cut.  In the Santa Barbara area, where the median price of a home approaches $700,000, that can be a significant amount of money –certainly well more than the cost of replacing the tree.

Can I cut that branch?  If your neighbor’s tree overhangs onto your property, you should be careful about what you cut and how you cut it.  While California law generally recognizes that the branches of one’s tree overhanging on another’s property constitute a nuisance, and that there is a general right to abate a nuisance, there are special rules when it comes to trees and shrubs.  While you are permitted to do some pruning, you cannot cut so much of the offending tree or shrub as to severely damage or kill the plant.

What should I do?  This may sound scary, but there are easy ways to avoid liability.  First, be sure to check with your city or county government to learn what, if any, regulations govern the trimming or removal of trees.  Second, you could have your property surveyed to be sure where your property lines are located.  And if you are going to cut an overhanging branch, you probably want to contact an arborist or other tree professional to be sure your proposed cutting won’t severely damage the tree.  But there is an easier and certainly less-costly solution: simply talk with your neighbor.  Chances are, the two of you can reach agreement as to what work can and should be done.   Of course, every circumstance is unique and it is always wise to contact your attorney to discuss your particular rights and options.

At Buynak, Fauver, Archbald & Spray, LLP, we handle these and other land use and real estate matters and work with local experts to efficiently resolve your issues.

DISCLAIMER:  This Advisor is one of a series of business, real estate, employment and tax advisories prepared by the attorneys at Buynak, Fauver, Archbald & Spray, LLP. This Advisor is not exhaustive, nor is it legal advice. You should discuss your particular situation with us or with your own attorney. Our legal representation is only undertaken through a written engagement letter and not by the distribution of this legal Advisor.