Trespass to trees is a tort, or civil wrong like negligence. It happens when someone trespasses on your property and damages your trees.
What Is Trespass?
Trespass happens when a person enters onto your property without permission.
Trespass is physical and tangible. For example, if your neighbor starts a fire which burns your house, that’s a trespass. If your neighbor plays loud music which you can hear from your house, that’s not a trespass. We write more about it here.
Trespass is intentional and not accidental. However, the person committing the trespass does not have to intend to trespass. For example, if I throw you onto someone’s yard, that’s not a trespass. But if you walk onto your neighbor’s yard mistakenly thinking you are still in your yard, that’s a trespass.
What Kind Of Tree Damage?
Someone can damage a tree by cutting it down, pruning it, or taking it. The taking, however, can be by physical act or by causing fire or flood. That’s where things can get interesting. For example, if a person negligently starts a fire and that fire burns your trees, that person may be liable for negligence and trespass.
What Are Tree Damages In California?
Tree damages are subject to a multiplier. That means you can take the value of the damaged tree and multiply that number by at least 2x, sometimes 3x. We write more about that here.
How To Prove Trespass To Trees In California
Here’s how to prove trespass to trees:
- You owned the trees
- Someone either intentionally, recklessly, or negligently entered onto your property and damaged your trees
- You didn’t give permission for that entry
- Your trees were damaged
- That person’s conduct was a substantial factor in causing damage to your trees
See CACI 2002.
