Trees, Roots & the Right to Chop: Navigating Nature’s Property Line Wars (Part 2 of 6-Part Series)

In Episode 02 of our 6-part Neighbor Dispute Series, attorney Michael Kushner digs into one of the most common—and most expensive—sources of neighbor conflict in California: tree disputes. Whether it’s overhanging branches, root damage, or a tree blocking your view, this episode explains when you can act, when you need permission, and when you’re setting yourself up for a lawsuit. You’ll learn the difference between your nearly absolute right to cut back overhanging branches versus your more limited right to cut back invasive roots. Michael also breaks down the legal consequences of cutting down a neighbor’s tree—including double and triple damages under Civil Code § 3346 and CCP § 733—and explains how local ordinances and Coastal Commission rules may limit even your self-help rights. Finally, the episode offers a strategic checklist for documenting tree-related damage and preserving your claim, whether you're trying to avoid liability or prepare for court. 🎯What You’ll Learn in this Episode: ✅ Who legally owns a tree—and why that matters.✅ When you can cut a neighbor’s branches or roots.✅ Why overhanging branches and underground roots are treated differently under the law.✅ How to avoid liability—even triple damages—when taking matters into your own hands.✅ When local ordinances override state law.✅ How to preserve evidence if you’re preparing for a tree-related lawsuit. 🌐 🔔 Subscribe for More: If you’re tired of HOA nonsense and ready for real answers, subscribe to HOA HELL and turn on notifications. 👍 Like the video.🔗 Share it with neighbors in HOA-governed communities.🗨️ Leave a comment—especially if you’ve got a horror story you want featured.🌐 📞Want to talk to an attorney at MBK Chapman? Contact us at www.mbkchapman.com. Let us know that you heard about us from the podcast, HOA HELL. Disclaimer:  This content constitutes attorney advertising. The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast. This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.  About:  Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. #HOAHell #CaliforniaHOA #HOARights #HOATransparency #DavisStirling #michaelkushner #lukecarlson #lscarlsonlaw #badhoa 🔥 HOA Hell Attorney Michael Kushner, California’s #1 homeowner-side HOA lawyer, shares real legal tools to help homeowners fight back and win against Bad HOAs.👉 Got an HOA nightmare? Submit your question at [email protected]. Or learn more about your rights as a homeowner by visiting: https://www.mbkchapman.com/fact-sheets. 📲 Follow us on:Instagram: @mbkchapmanpc YouTube: HOA HellLinkedIn:  https://www.linkedin.com/company/mbk-chapmanFacebook:  https://www.facebook.com/MBKChapmanX:  https://x.com/MBKchapman Reddit:  https://www.reddit.com/r/hoa_hell/