YOUR TREES AND THE LAW - BEWARE THE LINE TREE

By Randy Stamen

While driving around town or while working as a green industry professional, how many times have you seen a tree whose trunk sits on both sides of a property line? Did you ever wonder who owns the tree? The California legislature must have wondered, because 125 years ago it enacted a set of laws to clarify the situation.

The legislature addressed the issue of “line-trees” by enacting Civil Code section 834. Section 834 is still in effect. It states: “(t)rees whose trunks stand partly on the land of two or more coterminous owners, belong to them in common.”

Section 834’s companion, section 833 states: “Trees whose trunks stand wholly upon the land of one owner belongs exclusively to him, although their roots grow into the land of another.”

California Courts hold that an individual or entity which owns a line tree as a tenant in common cannot do anything to the line tree which will injure or destroy it. If a tenant in common does injure or destroy a line tree, the tenant in common is said to have committed “waste”. The tenant in common may be liable for three times the amount of damage caused. Hence, it pays to beware the line tree.

Our Contributing Author:
Randall S. Stamen is an attorney and an ISA Certified Arborist. His law firm is located in Southern California. Randy practices law throughout California and acts as a consultant to attorneys throughout the United States.
Randy recently wrote a book entitled, California Arboriculture Law.
It is published by the University of California, Riverside and may be ordered by calling
(909) 787-4211
Randy lectures throughout the United States to large and small organizations on landscape liability. You can contact him at his Riverside office at:
P.O. Box 946 Riverside, CA 92502
or telephone him at:
(909) 787-9788

...keeping trees healthy during those lazy dayz
of summer...

Keep trees well fed

Have them injection fed at least once during the summer months.

and watered too.

Make sure you provide several long, deep watering sessions. Remember, a slow drip over a longer period of time is most effective.

It's OK to prune, but not too much.

You don't want to over-prune . Opening the inside of your tree up to too much sunlight can cause sun scald and harm your tree.

MULCH.
It's a good thing.

Keeps your water bills lower by helping retain more moisture in the ground. Also helps reinstate nutrients into the soil as it decomposes.

Keep things clean.

Remove dead trees and brush as well as fallen debris and clippings for fire prevention.

It's NOT always OK to prune.

Although most species tolerate pruning in the summer, it is best NOT to prune pine or eucalyptus trees at this time. Both are plagued by beetle infestations and you can put their health in serious jeopardy!