Randall Stamen, a Riverside attorney and certified arborist, often receives calls from tree owners upset that neighbors have unexpectedly pruned or removed trees or roots crossing property lines.

“I can’t imagine treating your neighbor that way. It absolutely astounds me, but it happens all the time,” said Stamen. “People will come home from work and their neighbors have removed the trees or cut the foliage or roots so drastically that the plant becomes unstable.”

Legal Landmark: Booska vs. Patel (1994)

Before 1994, property owners could cut foliage or roots that encroached on their land. But the court case Booska vs. Patel changed that precedent.

• The court ruled that pruning must be reasonable and must not damage the neighbor’s tree.
• The defendant in the case was found liable because his actions made the neighbor’s tree unsafe, leading to its removal.
• It is now considered a duty to act reasonably, even on your own property.

The “Gray Area” of Reasonableness

“This court case put things in a gray area,” said Stamen. “Reasonableness varies person to person. Now, alternative options like root barriers and corrective pruning must be considered.”

Expert Opinions: Address Tree Encroachment Peacefully

Alden Kelley, a Fullerton consulting arborist and expert witness, notes:

“We just live too close together, and people acquire trees too big for their space, which inevitably encroach into a neighbor’s yard.”

Randall Stamen’s advice:

• Compromise with your neighbor before making any cuts.
• Never prune before discussing the issue to avoid escalation and potential litigation.

Henry Canales, Irvine’s tree maintenance supervisor, shares:

“Improper pruning can kill a tree or cause it to fall in windstorms. Talk calmly with your neighbor instead of reacting emotionally.”

Lois Fox of Merit Property Management emphasizes communication:

“Your neighbor may not even know their tree is causing problems. A simple conversation can solve the issue quickly.”

Consider a Professional for Tree Maintenance

• Root pruning and foliage trimming should be handled by certified professionals.
• Incorrect pruning can destabilize the tree or cause long-term damage.
• Offer to split the cost to make the idea more acceptable to your neighbor.

Stamen also authored “California Arboriculture Law” (1997, $50) and can be reached at (909) 787-9788.

Getting Control, Above and Below Ground

If your tree’s roots are damaging a neighbor’s fence or the branches are blocking their view, consider these alternatives:

• Thinning and pruning foliage: Follow proper guidelines to avoid harming the tree.
• Root pruning: Must be done at a safe distance based on trunk diameter.
• Installing root barriers: Effective before planting or after pruning to prevent future issues.

Good Trees for Small Areas

Choose smaller trees or tree-shrubs to avoid future conflicts:

• Japanese persimmon (Diospyros kaki)
• Western redbud (Cercis occidentalis)
• Saucer magnolia (Magnolia soulangiana) – 8 ft from property line
• Redleaf photinia (Photinia fraseri)
• Willow pittosporum (Pittosporum phillyraeoides)
• Gold medallion tree (Cassia leptophylla)
• Bronze loquat (Eriobotrya deflexa)
• Coral gum (Eucalyptus torquata)
• Sweetshade (Hymenosporum flavum)
• Citrus trees – Oranges, lemons, etc.

Trees to Avoid in Small Yards

These species tend to grow too large and have invasive roots or branches:

• Any Ficus (except edible fig)
• Camphor tree (Cinnamomum camphora)
• Coral tree (Erythrina caffra)
• Blue gum (Eucalyptus globulus)
• Sweet gum (Liquidambar styraciflua)
• Shamel ash (Fraxinus uhdei)
• Italian stone pine (Pinus pinea)
• California sycamore (Platanus racemosa)
• Weeping willow (Salix babylonica)
• Brazilian pepper (Schinus terebinthifolius)

Sources: DeepRoot; Alden Kelley, consulting arborist; Ortho’s All About Trees