Palm Tree Laws in California

Tree Maintenance

• California code requires that you use a licensed contractor to do any work on trees in your yard, including palm trees. The code only applies to work that costs a minimum of $500. If the contractor kills the trees or does serious damage to the trees, you are legally allowed to contact the Contractors' State License Board. When you use a contractor without a license and problems occur, your only recourse is filing for claims in civil court.

Tree Ownership

• California Civil Code 833 defines the owner of the tree as the person who has the largest portion of the tree trunk on his property. The homeowner retains property of the tree, even if the palm leaves or roots sit on a neighbor's property. If the tree trunk sits on the property line, then California Civil Code 834 defines the tree as communal property.

Your Rights

• For a palm tree on your property, it is your responsibility to check the tree carefully and perform regular maintenance, including trimming the leaves and cutting branches. Any damage caused by the palm tree is your responsibility as well. Damage caused by a fallen palm tree, including damage to persons or property, falls on your shoulders. The law even requires that you pay costs out of pocket if the total costs go beyond what your insurance policy covers. If your property is damaged due to a palm tree in a neighbor's yard, then your neighbor is responsible for the damages.

Considerations

• California law regarding trees changed slightly in 1994. The law prohibits homeowners from touching trees that sit on another person's property. If your neighbor has a palm tree and the branches or leaves lean over your property, then you cannot remove those leaves or trim the tree. You must request that the neighbor resolve the portions of the palm hanging over your lawn and then contact your county for more help. If you damage the tree in any way, then it is your responsibility to fix the problem.