Can I trim branches from my neighbor's tree that overhang my property in California?

What the Law Says

Under California Civil Code § 334, a property owner has the right to abate a private nuisance—including overhanging tree branches—that encroach onto their land. Courts have consistently held that such encroachment constitutes a continuing trespass or nuisance, entitling the affected landowner to trim back the intruding portions up to the property line. However, this right is strictly limited: cutting roots or branches on the neighbor’s side of the boundary, entering their property without permission, or trimming in a way that harms the tree’s health or stability may constitute trespass or conversion under Civil Code §§ 1714, 3479–3480 and case law such as Booska v. Patel (1994) 24 Cal.App.4th 1786. Importantly, California does not recognize a 'right to light' or 'view' as grounds for trimming unless expressly protected by local ordinance or CC&Rs.

Practical Steps

Before trimming, confirm the property line using a licensed surveyor or recorded plat—never rely solely on fences or assumptions. Notify your neighbor in writing (e.g., certified mail) of the overhang and your intent to trim only the portions crossing the boundary; this helps avoid disputes and demonstrates good faith. Hire a certified arborist to perform the trimming properly—improper cuts can invite disease, decay, or liability if the tree dies or becomes hazardous. Never cut below the property line or remove more than necessary; avoid topping, lion’s tailing, or otherwise compromising structural integrity. If your neighbor objects or threatens legal action, consult a California real estate attorney before proceeding—some municipalities (e.g., Berkeley, Pasadena) have additional tree protection ordinances that may apply to heritage or native species.

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