Who’s Responsible for That Tree? How to Handle Neighbor Disputes Over Tree Maintenance

It starts with a branch. Maybe two. Suddenly your neighbor is trimming half your tree—or worse, asking you to remove it entirely.

At Tip Top Arborists, we get calls every week from homeowners caught in neighborly standoffs over trees that cross fences, drop leaves, block views, or interfere with driveways. And while trees can be beautiful, they can also become the center of costly, confusing disputes if the rules aren’t clear.

This guide breaks down who’s responsible for what when it comes to shared trees, property lines, overhanging branches, and your legal rights in California. We’ll also give you practical steps to avoid escalation, protect your property, and maintain peace on your block.

Understanding Tree Ownership in California- Who’s Responsible for That Tree?

In California, tree ownership is based on trunk location:

• If the entire trunk is on your side of the property line, the tree is legally yours.
• If the trunk straddles the property line, the tree is considered jointly owned, and both owners must agree to any major changes or removal.

Your neighbor has the right to trim branches that hang over their property — but only up to the property line, and only if it doesn’t harm the tree. They cannot enter your property or cut beyond their side without your permission.

Common Neighbor Tree Disputes We See

1. Overhanging Branches
   • Neighbor wants to cut back limbs that block sunlight, hang over cars, or drop leaves.
2. Tree Roots Damaging Property
   • Roots cross under fences and crack driveways, patios, or plumbing lines.
3. Requests to Remove a Healthy Tree
   • One neighbor believes the tree is a nuisance or blocking their view.
4. Improper Trimming That Harms the Tree
   • Overzealous cuts from one side destabilize or injure the tree.
5. Safety Concerns
   • Dead limbs or leaning trees raise fears of falling damage during storms.

Who’s Responsible for That Tree? What the Law Says

California law is clear on a few important points:

• You cannot legally harm or destroy someone else’s tree—even if branches or roots extend onto your property.
• You may trim overhanging branches on your side, but only in a way that does not kill or seriously damage the tree.
• If your tree causes damage to a neighbor’s property due to neglect (e.g., a falling limb from a known hazard), you may be liable for repairs.

In joint ownership cases, both parties must agree before removing the tree or performing major pruning.

How to Handle a Neighbor Tree Dispute

Here’s a step-by-step approach Tip Top recommends when tree tension starts rising:

1. Start with a Calm Conversation

Explain what you’re seeing or concerned about. Avoid accusations. Stick to facts (“This branch has grown over the fence and is blocking my solar panels”).

2. Clarify Ownership

If you’re not sure where the trunk sits, consider hiring a licensed surveyor. Tip Top can also help assess location based on visual boundaries.

3. Get a Certified Arborist Opinion

A professional tree inspection can provide documentation of health, risk, and maintenance options. This is especially useful if legal or insurance issues arise.

4. Consider Mediation

If things get tense, a neutral third party can help reach a compromise without legal action.

5. Avoid DIY Trimming Without Guidance

Improper cuts can destabilize the tree and leave you liable for damages. Always consult an arborist before trimming shared trees.

Proactive Steps to Avoid Disputes

• Regularly inspect trees near property lines and schedule maintenance as needed
• Share plans for major pruning or removal with adjacent neighbors
• Trim trees properly on your side before they become overgrown
• Get written agreements for shared trees if you’re in a joint ownership situation
• Don’t ignore root intrusion—Tip Top can assess and recommend root barrier solutions

Real Tip Top Case: From Conflict to Collaboration

We recently worked with two homeowners in Palmdale locked in a months-long standoff over a massive Modesto Ash. One wanted it gone. The other cherished the shade. Our team stepped in, performed a full health risk assessment, and created a phased pruning plan that satisfied both sides. The result? No removal, reduced hazard, and a restored neighborly handshake.

Final Thoughts

Trees are shared assets in any neighborhood. But when roots, limbs, or falling debris affect more than one property, emotions can flare. Knowing your rights—and responsibilities—can help you approach these issues with confidence, not conflict.

Tip Top Arborists is here to help mediate, inspect, and maintain trees so they stay assets—not liabilities.

Need Help Navigating a Tree Dispute?

Call Tip Top Arborists for a certified tree inspection and consultation. We’ll help you sort out ownership, assess risk, and find the right solution for everyone involved.

Call 661-942-5501 or visit www.tiptoparborists.com to book a tree risk assessment today.