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.
Evan Walker
La Jolla AttorneyEvan W. Walker is a La Jolla attorney who has practiced law since 2008. He has practiced law throughout California, Connecticut, and Louisiana.
Evan worked for and defended insurance companies during the first 7 years of his practice. Since 2015, he has represented people with personal injury and property damage claims and insurance disputes.
Evan's practice is devoted to serious personal injury claims and catastrophic property damage claims. Areas of focus include security claims against bars and other businesses, government tort claims, fire and flood claims, and inverse condemnation. On behalf of clients, Evan has fought insurance firms, international companies, cities, bars, and casinos.
Evan regularly shares his expertise with other attorneys by teaching courses on insurance and inverse condemnation. He has taught several continuing legal education courses to Attorney Credits, a nationwide CLE company, and ProLawCLE, another nationwide CLE company. He also contributes to various podcasts and publications.
Associations:
- Member, State Bar of California
- Member, San Diego Bar Association
- Member, Consumer Attorneys of California
- Member, Consumer Attorneys of San Diego
- Member, La Jolla Bar Association
- Member, La Jolla Village Merchants Association
- Member, San Diego Chamber of Commerce
