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Neighbor tree disputes in Santa Clara 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 Santa Clara 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 Santa Clara County

Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale. Site visit within 7 days of booking; travel included.

View ordinances in Santa Clara County

No Santa Clara County city has a view ordinance as far as we have verified. Los Altos Hills, Saratoga and Los Gatos hillside view disputes run on negotiation and the self-help rule, with strict protected-tree rules limiting what can be cut. 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 Santa Clara 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

South Bay disputes are about trees on small suburban lots that have outgrown them: coast live oaks, redwoods, Chinese elms and liquidambars lifting driveways and fences, and eucalyptus and Monterey pines in the foothills as hazards. Palo Alto, Los Altos, Saratoga, Los Gatos and San Jose all protect trees at thresholds that catch most mature specimens, and San Jose's ordinance covers every tree of 56 inches circumference or more.

Where disputes get resolved in Santa Clara 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 Santa Clara County?

Yes: Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale. Travel is included inside the seven core counties.

Is there a view ordinance in my city?

No Santa Clara County city has a view ordinance as far as we have verified. Los Altos Hills, Saratoga and Los Gatos hillside view disputes run on negotiation and the self-help rule, with strict protected-tree rules limiting what can be cut.

Where do I go for mediation?

County of Santa Clara Office of Mediation and Ombuds Service, (408) 993-4130; Project Sentinel, (408) 720-9888. 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 Santa Clara 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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