California Law for Homeowners Maintaining Shrubbery Property Line

Common Law

• Under common law, a homeowner controls everything located on, beneath or above his property. California codified this into Civil Code section 829. For decades, courts interpreted this provision to require a homeowner to maintain shrubbery flush at the property line and prevent its branches or roots from entering the neighboring yard. If he failed to do so, the neighbor had the right to cut the intruding shrubbery and pursue an action for damages to recover costs.

Booska v. Patel

• A 1994 case in California appellate court altered the interpretation of Civil Code 829. In Booska v. Patel, property owner Booska's land included a tall and beautiful Monterey pine not far from the property line. When the tree's roots intruded into Patel's property, he hired a bulldozer to dig a three-foot trench on the property line, slicing the intruding roots. The tree became unstable and Booska had remove it. He then brought suit against Booska for damages.

Rule of Reason

• The court agreed that a homeowner should maintain his shrubbery so that it does not intrude onto the property of others. However, it rejected the position that a neighbor has an absolute right to hack off branches and roots of shrubbery that invades his property. The court stated that such a right is limited by the general duty of every California resident to behave reasonably to prevent harm to other people's property.

Application

• California law requires homeowners to keep their shrubbery on their own side of the property line. If stray branches cross into the neighbor's yard, the neighbor may clip them or ask the homeowner to do so. However, if shrubbery roots or large branches intrude, the neighbor's removal rights are limited. California lawyers advise homeowner clients to talk to their neighbors and find compromise solutions to serious shrubbery issues.