Neighbor Tree Law in California — What Redding Homeowners Should Know

Who owns the tree: California Civil Code §833 and §834

California's rule for tree ownership near a property line is short and specific. Civil Code §833 states: "Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another." Ownership follows the trunk, not the branches or the roots — a tree with roots or overhanging limbs crossing onto a neighbor's yard is still entirely that owner's tree.

Civil Code §834 covers the boundary-straddling case: "Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common." If the trunk itself sits on the line, both neighbors own the tree jointly, and neither can remove it without the other's agreement.

If a tree falls: the negligence standard

California doesn't hold a tree owner automatically liable just because their tree caused damage. The standard is negligence: the owner is liable for damage from a fallen or falling tree only if they knew or should have known the tree was dead, diseased, structurally compromised, or otherwise hazardous, and failed to take reasonable action. A tree that was outwardly healthy and reasonably maintained, and fails during a storm, is generally treated as an act of nature — the owner isn't liable, and the affected party's own homeowner's insurance is the first line of recovery.

This is why written notice matters in practice. If you've spotted a genuine hazard sign on a neighbor's tree — see our warning signs guide for what actually counts — putting your concern in writing (an email, a letter, even a text with a photo) creates a record. If that tree later falls and causes damage, documented notice is what can turn "should have known" into "knew."

Trimming encroaching branches and roots yourself

A landowner has a self-help right to trim branches and roots that cross onto their property, cutting back to the property line, at their own expense. Two limits apply: you must act reasonably and not damage the health of the tree in the process, and you may not go onto the neighbor's land to do the trimming — doing so is trespass, regardless of how reasonable the trim itself is. In practice, this means working from your own side of the line and stopping at it.

Damages for wrongfully injuring a tree: Civil Code §3346

Civil Code §3346 sets a penal-damages framework for wrongful injury to timber, trees, or underwood belonging to someone else:

• Treble (3×) damages are the default measure — three times the sum that would compensate for the actual harm.

• Double (2×) damages apply instead in two situations: the trespass was casual or involuntary, or the person had probable cause to believe the land was their own.

• Actual damages only (no multiplier) apply in a narrower situation: wood taken by highway officers for public road or bridge repair, and separately, where the person's belief about the boundary was based on a licensed surveyor's own boundary survey that they or their predecessor commissioned.

• A five-year statute of limitations runs from the date of the trespass.

In practice, this is why "I thought it was on my side" isn't a free pass, but genuinely relying on a professional survey can matter. Anyone considering removing or heavily cutting back a tree anywhere near an uncertain property line should confirm the boundary first — a licensed surveyor, not a guess from a fence line or an old plat map.

A separate, local rule: who maintains dead wood

Apart from the state civil-liability rules above, Redding's own Municipal Code (§18.45.130, part of the same Tree Management Ordinance covered in our permit guide) places responsibility for removing dead wood, branches, or trees on the property owner. This is a local maintenance obligation, separate from the question of who's liable if something falls and causes damage.

Practical steps, not legal conclusions

• Document hazard concerns in writing before they become a bigger problem — a dated email or letter to the neighbor is simple and creates a record.

• Confirm the actual boundary before removing or heavily trimming a tree near a property line, especially if you're unsure exactly where it runs.

• Photograph before and after any trimming or removal work near a shared line.

• Talk to your insurer first if a tree — yours or a neighbor's — has already caused damage; don't sign a large removal or repair contract before that call.

• Consult a California attorney for an actual dispute, a real damage claim, or anything where a lot of money or a serious disagreement is involved. This page is a starting point, not a substitute.