New California Tree Law
by Randall S. Stamen

Many people are not aware that in 1994, California tree law changed drastically. A California Court ruled that a neighbor no longer has the absolute right to cut encroaching roots and branches back to stubs ending at his or her property line. The health of a tree must be taken into account.

The Court made its finding in a case entitled BOOSKA v. PATEL. A man named Booska owned a 30 to 40 year old Monterey pine. The roots of the tree grew into property owned by a man named Patel. There is a question as to whether the Monterey pine’s roots were damaging Patel’s walkways. Patel hired a contractor to dig a 3 foot deep trench between his yard and Booska’s property to sever the roots of the Monterey pine.

After the trenching Booska filed a lawsuit against Patel for injuries to the tree and for the creation of a nuisance. (Apparently, the only reason that the contractor who severed the Monterey pine’s roots was not sued was that he went bankrupt.) Booska alleged that because the Monterey pine’s roots were severed the tree was unsafe and unhealthy. Booska’s allegations were supported by the testimony of an arborist.Patel defended his actions by arguing that a landowner has the right to prune encroaching roots and branches back to his or her property line anyway he or she desires. Patel cited several California cases to support his position. The cases he cited are cases which California attorneys have depended on for years. The Court analyzed Patel’s argument and the cases he cited and concluded, “whatever rights Patel has in the management of his own land, those rights are tempered by his duty to act reasonably.”

Booska v. Patel is significant in that it generated new California case law which requires neighbors to act reasonably when pruning encroaching roots and branches. A neighbor no longer has the absolute right to cut encroaching roots and branches back to stubs ending at his or her property line. The health of the tree must be taken into account.

Responsible neighbors and green industry professionals who wish to stay out of costly litigation should keep Booska v. Patel in mind when pruning encroaching roots and branches.

Randall S. Stamen is an Attorney At Law and an ISA Certified Arborist. He practices law throughout Southern California and lectures throughout the United States on landscape liability. He may be contacted at his Riverside office at (909) 787-9788.