A neighboring tree has grown so large that it extends over my building’s fence and blocks sunlight in my tenants’ garden. The neighbor has not trimmed it despite repeated requests. Can I trim the encroaching branches? Do I have to let the owner know?
Under state law, you may trim branches or roots from a neighbor’s tree that encroach onto your property up to the boundary line. However, in taking these actions, you may not damage or kill the tree, and you cannot trespass onto your neighbor’s property to perform this task. That said, San Francisco has a specific tree law, known as the San Francisco Tree Dispute Resolution Ordinance (TDRO), codified in the Public Works Code, Article 16, Sections 820 through 829, which was first passed in 1988. The TDRO is meant to guide you through such a dispute. So, before you trim the encroachment, please consider this city law and what it requires.
Under the TDRO, you must first attempt an initial reconciliation with your neighbor: “A complaining party who believes in good faith that the growth, maintenance or location of a tree on the private property of a tree owner diminishes the beneficial use or economic value of his or her property because the tree interferes with the access to sunlight or views naturally accruing to the property, shall notify the tree owner in writing of these concerns. The notification should, if possible, be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution.” Make this effort yourself.
If the initial reconciliation fails, the TDRO suggests mediation through the Community Boards of San Francisco. Community Boards is a dispute resolution service specializing in neighbor versus neighbor conflicts (https://communityboards.org/). If mediation is not successful or the tree owner refuses to participate, the TDRO requires the preparation of a “Tree Claim,” which is a written statement to be included in an arbitration or civil court proceeding that contains the following:
- The nature and extent of the obstruction, including supporting evidence such as photographs.
- The physical location of the tree causing the obstruction.
- Any mitigating actions, such as tree trimming, that you propose to resolve the claim.
- Evidence of your efforts to resolve the claim through reconciliation and/or mediation.
Thus, your first step should be attempting the initial reconciliation. Don’t just trim the offending branches without taking and documenting this step. Make every reasonable effort to talk to your neighbor. If that fails, consult with an arborist or other tree professional that can assist you with a demand for arbitration. Should your neighbor balk at arbitration, you can proceed to superior court to seek an order compelling your neighbor to trim the tree or you may trim the encroaching branches under state law provided you do not harm the tree or trespass onto your neighbor’s property. Yet before resorting to self-help, please consult with legal counsel to ensure you do not run afoul of either the TDRO or state law.