← Demand Letters Tree Damage Guide CA Law

Neighbor's Tree Damaged Your Property? CA Law Allows 3x Damages

California Civil Code 3346 lets you recover TRIPLE damages when a neighbor's tree damages your property. I handle these cases regularly and know what evidence you need before cutting anything.

Understanding Tree Damage Claims in California

When a neighbor's tree damages your property, fence, roof, driveway, or foundation, California law provides strong remedies including the possibility of treble (triple) damages. But timing and documentation are critical. I see too many homeowners make costly mistakes by acting before they understand their rights.

Key Point: Document Before You Act

Never remove or trim a neighbor's tree (even overhanging branches) without first documenting everything with photos, video, and written notice. Your evidence of the tree's condition before removal is essential to proving liability and treble damages.

Common Tree Damage Scenarios I Handle

Who Is Liable?

Your neighbor is liable for tree damage if:

  1. They knew or should have known the tree was dangerous (dead, diseased, unstable)
  2. They failed to act despite actual or constructive notice of the hazard
  3. Their negligence or intentional conduct caused the damage
The "Act of God" Defense

If a healthy tree falls due to an unexpected storm, earthquake, or other natural event, your neighbor may not be liable. This is called the "act of God" defense. However, if the tree was already dead, diseased, or visibly dangerous, the defense fails. Documenting the tree's pre-fall condition is critical.

Before You Do Anything

  1. Photograph everything - the tree, the damage, the property line, any visible disease or decay
  2. Get a written arborist report if the tree showed signs of disease or instability
  3. Send written notice to your neighbor (certified mail, return receipt requested)
  4. Document prior complaints - did you or others warn your neighbor about this tree?
  5. Check your homeowner's insurance - they may cover damage and subrogate against your neighbor

California Law: Tree Damage Statutes

Civil Code Section 3346 - Treble Damages for Timber/Tree Injury

This is your most powerful tool. When someone wrongfully injures or takes timber, trees, or underwood, you can recover:

  • Three times the amount of actual damages (treble damages)
  • For first-time violations with no prior conviction

CC 3346(a): "For wrongful injuries to timber, trees, or underwood upon the land of another... three times such amount may be recovered..."

Application: When your neighbor's negligently-maintained tree damages your property, or when a neighbor intentionally damages your trees, treble damages may apply.

Civil Code Sections 833-834 - Boundary Trees

Trees whose trunks stand partly on adjacent properties belong to both owners as tenants in common.

  • CC 833: Trees on the boundary line are common property
  • CC 834: Neither owner may destroy the tree without the other's consent

Implication: You cannot unilaterally remove a boundary tree. Both neighbors must consent. Damaging a boundary tree makes you liable to your co-owner for their share of the tree's value.

Your Right to Trim Overhanging Branches

Under California common law, you have the right to trim branches and roots that encroach onto your property up to the property line. However:

  • You cannot trespass onto your neighbor's property to trim
  • You cannot damage the tree's overall health (poisoning, girdling, excessive trimming)
  • You are responsible for the cost of trimming (unless you can prove negligence and damages)
  • If your trimming kills the tree, you may be liable for its replacement value

Negligence Standard for Tree Owners

California courts apply a reasonable care standard. Tree owners must:

Statute of Limitations

3 years for property damage claims (CCP 338(b)). For continuing trespass by roots or branches, each day of encroachment may reset the clock. However, act quickly to preserve evidence and maximize recovery.

Evidence Checklist for Tree Damage Claims

Strong documentation is essential for proving liability and qualifying for treble damages. I recommend gathering the following before taking any action:

📸
Photographs and Video Document the tree (before removal if possible), visible decay or disease, property line, all damage to your property, with timestamps and GPS data enabled.
🌳
Arborist Report Get a certified arborist to document the tree's condition, cause of failure, and whether the danger was foreseeable. This expert opinion is critical for proving negligence.
📝
Prior Written Complaints Gather any emails, texts, letters, or recorded calls where you warned your neighbor about the tree. Prior notice establishes knowledge.
🏠
Repair Estimates Get written estimates from licensed contractors for all repairs: roof, fence, driveway, landscaping, foundation, pipes, etc.
💰
Receipts for Emergency Repairs Keep all receipts for emergency work like tree removal, temporary repairs, or debris cleanup.
📋
Insurance Correspondence Save all communications with your homeowner's insurance, including claim numbers, adjuster reports, and coverage decisions.
🗺️
Property Survey If property line location is disputed, get a licensed surveyor to mark the boundary. Essential for boundary tree disputes.
👥
Witness Statements Get written statements from neighbors who observed the tree's condition or witnessed the damage occur.

Demand Letter Template

This template is designed for California tree damage claims. Customize it based on your specific situation. Send via certified mail, return receipt requested.

Tree Damage Demand Letter - California

[Your Name] [Your Address] [City, CA ZIP] [Your Email] [Date] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED [Neighbor's Name] [Neighbor's Address] [City, CA ZIP] Re: Demand for Compensation - Tree Damage to Property at [Your Address] Dear [Neighbor's Name]: I am writing regarding the damage caused to my property by the [describe tree: e.g., "large oak tree," "dead pine tree"] located on your property at [neighbor's address]. INCIDENT On [date], [describe what happened: e.g., "branches from your tree fell onto my roof during [weather event]" OR "I discovered that roots from your tree have cracked my foundation and damaged my underground pipes"]. The damage includes: - [Describe damage item 1, e.g., "Damage to roof requiring replacement of shingles and repair of structural damage"] - [Describe damage item 2, e.g., "Destruction of portion of fence between our properties"] - [Additional damage items] PRIOR NOTICE [If applicable: "On [date(s)], I notified you in writing/verbally about the hazardous condition of this tree, specifically [describe: dead branches, visible decay, leaning trunk, etc.]. Despite this notice, you failed to address the danger."] [If no prior notice: "Upon inspection by a certified arborist, the tree showed clear signs of [disease/decay/structural failure] that should have been apparent to a reasonable property owner conducting regular maintenance."] LIABILITY UNDER CALIFORNIA LAW Under California law, property owners have a duty to maintain trees on their property and prevent foreseeable harm to neighboring properties. Your failure to [inspect/maintain/remove] this hazardous tree constitutes negligence. California Civil Code Section 3346 provides for treble (triple) damages for wrongful injury to trees, timber, or underwood. Given the circumstances of this case, I reserve the right to seek treble damages if this matter proceeds to litigation. DAMAGES Based on contractor estimates and arborist reports, my damages are as follows: - [Repair item 1]: $[amount] - [Repair item 2]: $[amount] - [Emergency tree removal/cleanup]: $[amount] - [Additional items]: $[amount] TOTAL DAMAGES: $[total amount] DEMAND I demand payment of $[total amount] within thirty (30) days of your receipt of this letter. Please make payment by [cashier's check/certified check] payable to [Your Name] and mail to the address above. If I do not receive payment within 30 days, I will pursue all available legal remedies, including filing a civil lawsuit seeking actual damages, treble damages under Civil Code 3346, and recovery of attorney's fees and court costs. Please contact me at [email/phone] to discuss resolution of this matter. Sincerely, [Your Signature] [Your Printed Name] Enclosures: - Photographs of tree condition and damage - Arborist report (if available) - Repair estimates - Prior correspondence regarding tree (if applicable)
Before Sending
  • Replace all bracketed text with your specific information
  • Attach copies (not originals) of your evidence
  • Keep a copy of everything you send
  • Send via certified mail, return receipt requested
  • Save the green card when it returns as proof of delivery

Frequently Asked Questions

Yes, California law allows you to trim branches that overhang onto your property up to the property line. However, you cannot trespass onto your neighbor's property to trim, and you cannot damage the tree's health. If trimming kills the tree, you may be liable for damages.

Best practice: Photograph everything first, send written notice to your neighbor, and keep the trimmed branches as evidence of the encroachment.

Your neighbor is liable for damage caused by their tree if they knew or should have known the tree was dangerous and failed to act. If the tree was healthy and fell due to an "act of God" (storm, earthquake), your neighbor may not be liable.

However, if the tree was dead, diseased, or visibly unstable, and your neighbor ignored warnings, they are responsible for all damage plus potentially treble (3x) damages under Civil Code 3346.

Civil Code 3346 allows treble damages for "wrongful" injury to timber, trees, or underwood. To qualify:

  • The damage must be "wrongful" meaning negligent or intentional, not accidental
  • You must prove the value of damage
  • You must demand payment before filing suit

Courts have awarded 3x damages when neighbors knew trees were dangerous and refused to act, or when they intentionally poisoned or damaged trees on your property.

The statute of limitations depends on the type of claim:

  • Property damage claims: 3 years under CCP 338(b)
  • Trespass claims: 3 years under CCP 338(b)

For continuing trespass (ongoing encroachment by roots or branches), each day of encroachment may restart the clock. However, act quickly: document everything and send a demand letter within weeks, not months, of discovering damage.

How I Handle Tree Damage Cases

I represent California property owners in tree damage disputes, from simple neighbor negotiations to treble damages litigation. Here is what I offer:

Services

Fee Structure

Service Fee
Demand letter preparation $450 flat fee
Negotiation and case management $240/hour
Contingency (larger claims) 33-40%

Get Help With Your Tree Damage Claim

I evaluate tree damage cases to determine if treble damages apply and what recovery is realistic. Contact me to discuss your situation.

Or email: owner@terms.law