Tree Hazards

My neighbor has a tree and it is an extreme fire hazard.  How can I make them remove it?

If you’re concerned about your neighbor’s tree igniting your home, don’t forget that you can take control of the situation by investing in “hardening” your own home.  If your home is hardened with ember and fire-resistant design and materials, you won’t lose sleep over your neighbor’s trees!

If it helps to ease your nerves, know that the mere presence of trees (even some fire-hazardous species like eucalyptus, pines, and firs, etc.) does not necessarily indicate that an “extreme” fire hazard exists.  Single specimens of most tree varieties, including many fire hazardous species, can usually be maintained in a way that minimizes the hazard.  Remember, trees don’t magically burst into flames, even during a wildfire.  Some type of fuel, usually on the ground, carries the fire into the tree.  Eliminating these “ladder fuels” is often more important than the tree species itself.

If you are concerned about a tree hazard, please contact your local fire department for an evaluation. We recommend that you contact a licensed arborist to examine any trees on your own property that cause you concern; they will make recommendations on ways to improve their health and resistance to fire.

Eucalyptus

The blue gum eucalyptus common in Marin is considered a “fire hazardous” species, yet they can be (and often are) maintained in a state that makes them relatively fire-resistant.  By removing vegetation around the base of the trees, removing the bark which peels back annually, and removing small diameter lower limbs up to at least one-third of the tree’s height, can make a eucalyptus tree much more resistant to ignition during a wildfire. Often times our biggest concern about these trees is the leaves that fall from them onto nearby rooftops –  not the tree itself.  Contact your local fire department or a licensed arborist for an evaluation of the trees in question.

Neighbor’s Trees or Shrubs Overhang

My neighbor’s bushes or tree branches are overhanging our shared property line. Make them remove it!

Fire Safe Marin cannot assist with disputes about individual trees and plants between neighbors’ properties. However, we are happy to help organize your neighborhood for Firewise USA recognition, and a big part of this program involves helping neighbors meet and work together for the common good.  We can also give some tips.  Shrubs that grow on a property line can serve as both landscaping and a property boundary. Well-maintained shrubs can add charm to a yard, but when they begin growing out of hand and infringing on a neighbor’s property, legal problems can arise. How California law deals with property line issues varies by case.

Landowner’s Duty

Property owners have the duty to maintain their property so that it does not interfere with the neighbor’s ability to enjoy their property. Negligence, such as failing to trim shrubs on a property line, could qualify as a nuisance and may be a violation of the fire code. Property owners who feel that a neighbor’s shrubs are becoming a nuisance can seek an injunction for removal or trimming of the bushes, although they will need to prove that the bushes are creating a nuisance. Your local fire department may be able to evaluate the situation to determine if a fire hazard exists. But, it is not always as much of a hazard as you might think (see below).  Regardless, it’s always best to work with your neighbor to resolve the situation amicably.

Neighbor’s Rights

Rather than seeking an injunction, however, California law usually allows property owners to remove branches and roots that enter or intrude onto their property. For example, the law allows property owners to trim branches from their neighbor’s shrub once they extend over the property line. Tree roots that threaten to damage someone’s foundations or walkways also may be removed by the individual whose property line is infringed.

Damaging Neighboring Vegetation

Although property owners at one time had the absolute right to trim vegetation that entered their property line, those rights were curtailed in 1994 by the court case of Booska v. Patel. The case didn’t remove a landowner’s right to remove encroaching vegetation, but made them liable to act reasonably. While this ruling leaves much of the interpretation of “reasonable activity” up to the court, landowners must now consider how their actions will affect the health of their neighbor’s shrub. Improper pruning or widespread removal of roots that aren’t threatening property lines isn’t allowed if it kills or injures the shrub.

Shrubs Straddling Property Lines

In most cases, it’s easy to determine who owns a shrub; it’s part of the property where the trunk meets the ground. If a shrub’s trunk straddles a property line — as is the case with shrubs planted to serve as fences — it’s owned by both property owners. These mutually owned shrubs cannot be removed without the permission of both property owners. If one owner doesn’t want a shrub removed, but the other can prove the bush has become a nuisance, the court may allow its removal.