Question
QUESTION: Hi Jim,

I am in California and my city doesn't allow the property owners to cut the city street tree branches or roots even if the branches are way over the property line and roots break the driveway. Is there any state and/or federal law that allows the property owner to do something about the city street tree if branches are over the private property?

Thank you,
-Wanlin

ANSWER: It varies by state and city --in general it will depend on if the tree is damaged and to what extent and what damage the tree is doing to the adjacent property.          

Here are a few web pages about trees and neighbors.
Calif.: http://www.legal-news-california.tozerlaw.com/tree_law_california.html

http://articles.latimes.com/1991-09-22/realestate/re-3968_1_tree-owner

http://www.ehow.com/facts_7763342_can-onto-property-california-law.html

In General
http://www.freeadvice.com/law/real-estate-law/real-estate-law/tree.htm



---------- FOLLOW-UP ----------

QUESTION: Hi Jim,

Thanks for the answer.

I am in California. Could you please let me know if there is a California law that gives private property owners to cut the city street tree branches over the private property.

I've read the webpages in your answer. For example, in http://articles.latimes.com/1991-09-22/realestate/re-3968_1_tree-owner, it says: "Property owners in every state have the right to cut off branches and roots that stray onto their property." Do you know where I can find such information in the California Law?

Thanks again,
-Wanlin

Answer
http://www.ehow.com/list_7493485_california-trees-near-property-lines.html

http://www.aoausa.com/articles/2006/Aug%202006/AlberstoneTreeLaw.pdf

Sounds like you should document the damage before cutting the roots or limbs. The further away from a tree trunk the less damage cutting roots will have on the health of the tree. It would be best to get in writing from the neighbor permission to cut the roots. But in your case it is the city. I would take pictures and contact a local politician who is running fro office and get his backing. Or have the city Urban Forester come look what damage the roots are causing. May want to get your own Forester to give you advice on the ground. Here is the web site for certified Arborist Good luck.

http://www.isa-arbor.com/faca/findArborist.aspx