As an atmospheric river sweeps through California, strong winds can send leaves and branches from your neighbor’s yard onto your property.
Is your neighbor responsible for cleaning up tree debris that lands in your yard?
Before taking matters into your own hands, it’s important to understand California’s laws protecting both your property and your neighbor’s.
Here’s who is legally liable for picking up leaves, twigs and more:
Who is responsible for a tree on a shared California property line?
If a tree grows on the property line between two or more neighbors, it is owned jointly by all of them, according to California’s Civil Code.
Even if the tree causes issues, no one can cut or remove any part of it without the other owners’ consent.
If the trunk sits entirely on one person’s property, that person owns the tree — even if branches or roots reach onto a neighbor’s land, according to California Civil Code says.
This means the tree owner must maintain their trees to prevent damage to neighboring property.
Is my neighbor responsible for branches that fall into my yard?
Legal action might be possible if a fallen branch causes property damage, or if a tree is damaged or diseased and the owner fails to address it, real estate lawyer Robert J. Enos of BPE Law Group told The Sacramento Bee in 2021.
“If a branch comes off and it just lands in the grass on your yard and really doesn’t do any damage ... you’re not going to really have an action,” Enos said.
However, if the branch causes property damage, the negligent tree owner’s insurance is generally responsible for covering it.
Enos said that your neighbor is not liable if small debris such as leaves falls in your yard, or if branches fall due to an “act of God” such as strong winds or a severe storm.
What happens if my neighbor’s tree damages my California property?
California law generally prohibits cutting down a neighbor’s tree, but you can trim or remove branches and roots that encroach on your property, as long as it doesn’t permanently damage or kill the tree.
Branches or roots from a neighbor’s tree that cause damage can be considered a nuisance under California law.
If your property is damaged, you might be able to seek compensation for damages.
How do I dispose of fallen leaves, branches in California?
In California, leaves and branches can usually be placed in your curbside organic waste bin, which is typically green, according to the California Department of Resources, Recycling and Recovery.
You can also take yard waste to a local composting facility or follow your city’s specific yard waste collection guidelines.
Some cities have rules for bagging, bundling or sizing materials, so check with your local waste management provider for the correct procedure.
The city of Sacramento uses “the Claw,” a special tractor fitted with an articulated bucket that scoops up yard waste piles from residential neighborhoods.
Merced has a leaf collection program, requiring residents pile leaves in rows at least four feet from the curb to allow rainwater to reach storm drains.
In Modesto, city crews collect leaves throughout neighborhoods in December.
To prevent clogged drains and flooding, San Luis Obispo County and the city of Fresno require residents put leaves in green waste bins.
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