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Neighbor tree disputes in San Mateo County: what is different here

Short answer: California law is the same in every county: the trunk decides ownership (Civil Code 833 and 834), you may trim to the line but not injure the tree (Booska v. Patel), damage is a nuisance and hazard is negligence. What changes in San Mateo County is which cities give you a view claim, how strictly each city protects the tree, and where you go to resolve it. No city in the county has a view ordinance, so a blocked view alone is not actionable; hazard, encroachment and damage are.

Cities we serve in San Mateo County

Atherton, Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside and unincorporated San Mateo County. Site visit within 7 days of booking; travel included.

View ordinances in San Mateo County

No San Mateo County city has a view ordinance as far as we have verified. Hillside view disputes in Belmont, San Carlos, Emerald Hills and Hillsborough run on negotiation and the self-help rule. California has no general right to a view, so a blocked view alone is not actionable; hazard, encroachment and damage are. See tree blocking my view.

Protected-tree rules

Every San Mateo County city with a tree ordinance protects trees above a size or species threshold, which means neither neighbor can remove, and often cannot heavily prune, the tree in dispute without a permit, whatever they agree between themselves. Thresholds, species lists, measurement rules, fees and penalties are catalogued city by city on Urban Forestry Guide, and the report cites the rule that applies to your tree.

What disputes look like here

Peninsula disputes are heritage-oak disputes: coast live oaks over fences, with roots under pools, patios and foundations, in cities where the oak is protected at small sizes (Atherton, Woodside, Portola Valley, Menlo Park, Palo Alto next door). Redwoods planted as hedges in the 1970s are now 80 feet tall and the second most common complaint. Hillsborough, Atherton and Woodside have some of the strictest removal rules and the highest penalties in the region.

Where disputes get resolved in San Mateo County

Start here

Find your situation on the situations page, or start a report. Dispute Assessment Report from $850; View Obstruction Report from $950 in view-ordinance cities. Text (415) 881-0124 with the address and a photo for a free read on whether a report will help.

Questions people ask

Do you cover all of San Mateo County?

Yes: Atherton, Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, Woodside and unincorporated San Mateo County. Travel is included inside the seven core counties.

Is there a view ordinance in my city?

No San Mateo County city has a view ordinance as far as we have verified. Hillside view disputes in Belmont, San Carlos, Emerald Hills and Hillsborough run on negotiation and the self-help rule.

Where do I go for mediation?

Peninsula Conflict Resolution Center, (650) 513-0330, pcrcweb.org. Community mediation is low-cost or free, takes tree cases routinely, and the arborist can attend by the hour.

Where is small claims heard?

The San Mateo County Superior Court hears claims up to $12,500 for individuals. The arborist report is the usual evidence of cause and condition in a tree case.

Get an independent arborist's report on the tree between you and your neighbor

Text or call with the address and what is happening. We tell you on the call whether a report will help, what it costs, and when we can be there. Site visits within 7 days of booking.

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