What Is The Tree Law in California?
Can You Cut Down a Neighbor’s Tree?
With regard to your trees and your neighbor's trees, the obligations and responsibilities all depends on where the tree’s trunks and branches lie. If, for instance, the trunk, limbs or roots are on your property line, you are allowed to trim or cut them in the upkeep of your space.
That being said, you can’t go over the line, according to California’s code of civil procedure. Any and all trimming you do should be reasonable and cannot harm or kill the tree. If you do harm or kill the tree, you could be responsible for any damages caused to the neighbor. Under section 3346 of the California Civil Code, a person cannot cut or remove any part of a tree which does not overhang their property. Additionally, it code says that if you cause the tree to die or cause so much damage that its value is destroyed, you may be held financially responsible.
In cases where a tree trunk lies right on the property line, you are still allowed to trim a tree wherever it encroaches on your space. But you still can’t destroy it without your neighbor’s approval.
Are you wondering if you can sue a neighbor because of tree branches encroaching on your property? The answer is that you could, but it won’t be easy. Real estate lawyers will tell you that residents can take legal action if a fallen branch causes property damage, IF the tree is damaged or diseased and the owner failed to address it. In any case, your neighbor is not liable if minor debris, such as leaves, collects in your yard, or if tree branches fall in your yard due to an “act of God,” like a severe storm.
Sometimes, acts of nature (God) take over and toss a tree or its branches onto your property. It typically happens in southern California over the winter when windy storms can topple trees and branches. But it may also happen in hot summer weather when limbs spontaneously fall from being weakened by heat and drought. Generally, you will have to deal with the tree and its limbs yourself if it’s on private property. Private tree services like Ventura Tree Services can help with cleanup. Depending on your homeowners and/or car insurance, you may be able to claim the damages under your policy.
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FREQUENTLY ASKED STUMP GRINDING QUESTIONS
WHAT IS A STUMP GRINDER?
Stump grinder machines are very powerful machines (tools) that look sort of like a small lawnmower combined with a circular saw Stump grinders are designed to be rolled up to the stump and then grind it into little saw dust like pieces.
HOW DOES THE STUMP GRINDER WORK?
A stump grinder chews away at the stump wood The stump grinding machine is used to chew away the portion of a tree that has been cut down. Stump grinders use a powerful, rotating blade that rips into the wooden stump as it turns. The teeth of the blade cut the stump wood into very small pieces. The operator will move the rotating blade back and forth over the entire stump as the blade’s action reduces the stump and roots to wood chips. The machine does take the stump down to well below ground level for a complete removal of the stump and the upper roots.
WHAT HAPPENS TO THE WOOD FROM THE TREE STUMP AFTER GRINDING?
Grinding a stump should result in lots of wood chips and saw dust. The grinding produces a lot of these, but they can be used as mulch in your yard or disposed of in your green waste bin. Since you will also have a hole where you’ve just ground out all the stump and root volume, the wood chips can be used to fill the hole and left to decay. With or without his fill you can use soil to fill the hole so that it’s even with the surrounding ground.
ARE STUMP GRINDERS THE SAME AS STUMP REMOVERS?
Stump grinders and stump removers are different things. A stump remover is auger-like and bores down into the stump from above, removing all trunk wood and anchoring roots.
CAN I RENT A STUMP GRINDER AND DO IT MYSELF?
Just be aware that stump grinders that are available for rent by homeowners will be smaller and less powerful than ones used by professionals. It’s unlikely you’ll find a range of rental stump grinder models to choose from. Usually stump grinders are used by trained tree-care specialists. As is the case with most heavy, powerful equipment, the chance for injury is high. Homeowners homeowners will have to be sure of their skills before operating a stump grinder.
In addition, operators will need protective equipment to protect them from noise and from flying debris. Debris thrown off the machine can be sharp pieces of wood. But the grinders can cut anything else that might be hiding in the ground -- buried old fence posts, old piping, bricks, glass, nails, or misplaced tools. Professional tree trimming and stump removal companies also have in place the proper insurance against accidental damage to your property from the tree removal and stump grinding operations. As a DIY’er, you should think about getting this kind of insurance and also additional insurance that will cover any damage to your neighbor’s property.
CAN A TREE BE CUT DOWN WITHOUT LEAVING A STUMP?
Any tree-removers will find it impossible to cut a tree down flush with the ground. There will always be a stump remaining to deal with.
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DOES A TREE STUMP NEED TO BE REMOVED?
It’s ultimately up to you, but you should consider what to expect if you don’t remove the stump. Many homeowners don’t realize beforehand how much a tree stump will stand out in your landscaping after a tree is removed. This is especially true if the rest of your property is tidy and well maintained. By grinding out the stump, you have a clean slate for future landscape design where the tree used to be. Because stump grinding eliminates the stump wood down to below ground level, grinding the stump will ensure that your tree won’t re-sprout with new growth around the perimeter of the stump. This reason is one that resonates most often with property owners. Leaving a stump in place can mean having to repeatedly prune sucker growth, a garden chore that offers little satisfaction, as it is unending.
Suckering sprouts are a natural response by the tree after the trauma of being cut down, and the natural response to survive, In reality, none of this growth is useful and won’t grow into a healthy new tree. Instead, what will result will be a lot of sprouts that turn into branches that will need to be cut down over and over until the tree exhausts its energy reserves. And this can take a long time.
It isn’t necessarily an imperative for the leftover stump to be removed. However, do you want to look at a tree stump for years to come, or deal with its suckering growth? Probably not! Depending on the size, height, and location of the stump, it may be an eyesore and a tripping hazard. The rotting stump will also attract pests, develop fungal diseases, and cause soft, sunken spots in the surrounding lawn or garden as it decomposes.
CAN I BUILD OR PAVE OVER THE AREA WHERE A STUMP WAS GROUND OUT?
You should consider whether or not you would want to build something where the tree stump is, such as a patio or paving. Since the tree stump is wood, it will breakdown over time. The decomposition means that the remaining stump isn’t a stable base material for construction. Any foundations, footings, or rigid materials will move or sag over time. So even if the stump is ground out, there may be root materials left underground ground that will decompose and settle, damaging any construction placed on it. Make sure all remaining stump and roots are removed and that the hole is in-filled with native soil (not bagged potting soil), and then compacted to the level required if any construction is planned.
WHAT ARE THE ALTERNATIVES TO STUMP GRINDING TO REMOVE A TREE STUMP?
If you have a very small stump, you may be able to remove it with leverage and hand tools. This is strenuous physical work, but it’s not impossible to do.
You’ve probably seen chemical stump remover at your local nursery or hardware store. These products are generally made of potassium nitrate, and work by speeding up wood decay. They require that you drill holes into your stump, fill them with the chemical stump killer, add water, cover your stump, and wait. Potassium nitrate isn’t usually poisonous, but it might cause eye and skin irritation. Additionally, you’ll have to keep children and pets away from the chemically treated stump.
A 3rd way stumps can be removed is to pour kerosene over a stump and light it on fire. Most people don’t think that flaming tree stump is a good use of time and resources. Follow that lead.
IF YOU NEED TO HAVE A STUMP REMOVED
Call Ventura Tree Services first. We will be able to evaluate your situation and give you our educated recommendations as well as an estimate of how much it will cost to remove the tree stump. Generally, most people find it quite affordable. Stump removal is done quickly. Even large stumps usually take only a few hours.
We always offer our stump removal services when when cutting down and removing a tree. We will explain the benefits of having your stump removed professionally and describe the benefits of tree-stump mulch for your landscaping.
