The tree next door is dead, dying or leaning at my house. What can I do?

What is actually happening

"Dead" and "leaning" are not the same as "hazardous." A dead tree standing in the middle of a large lot is a habitat snag, not a hazard. A live tree with a decayed root flare leaning 15 degrees toward a bedroom is a hazard even though it is green. Risk, in professional terms, is the combination of a defect that makes failure more likely than normal, a part of the tree big enough to do harm, and a target it would hit. The report evaluates all three and says so plainly.

Common Bay Area hazard patterns: Monterey pines past their lifespan with pitch canker; eucalyptus with large dead limbs over roofs; coast live oaks with root crown decay from irrigation and fill; redwoods with codominant tops that split; anything that was trenched for a utility or a foundation in the last decade.

What California law says

• Ownership is absolute. Civil Code 833: the tree belongs to the owner of the land the trunk stands on. You have no right to cut it, and cutting it is a trespass to trees with doubled damages under Civil Code 3346.
• The owner's duty. A landowner must use reasonable care to keep trees on the land from injuring neighbors (Civil Code 1714). Liability turns on whether the owner knew or should have known of the hazard. A written notice with an arborist's findings makes "knew" a matter of record.
• Nuisance and abatement. A tree that threatens a neighbor's property can be a private nuisance (Civil Code 3479), and a court can order it abated. Few neighbors need to go that far once a credible report is in the owner's hands.
• Boundary trees. If the trunk is on the line, Civil Code 834 makes it common property; neither owner may remove it without the other.

What your city adds

Two things. First, the tree is probably protected, so the owner needs a permit to remove it even if they agree, and the report is usually what the permit application needs. Dead or hazardous trees get expedited paths in many cities, sometimes with just an arborist's letter. Second, most cities have a code enforcement or public works process for hazardous private trees; some are responsive, some are not. Both paths are easier with a report in hand. Permit rules by city →

What the report does for you

1. Confirms ownership frame from the trunk position.
2. Assesses condition from your property and the street: defects, decay indicators, lean and whether it is recent, dead wood, root condition where visible.
3. States whether the tree presents an elevated likelihood of whole or partial failure, what the target is, and what would reduce the risk: pruning, cabling, removal, or nothing.
4. Cites your city's hazard-tree permit path and complaint process.
5. Gives you a document to attach to a written notice. The $150 neighbor letter puts the notice itself on letterhead.

Dispute Assessment Report, from $850. Pricing →

What to do this week

1. Photograph the tree from your side, dated, including the base, the lean, and what it would hit.
2. Talk to the owner once, calmly. Many have not noticed, and a protected tree permit is easier for them to get than they think.
3. Get the independent findings. Start a report or text (415) 881-0124.
4. Send written notice with the report attached, by a method that proves delivery. Keep copies. If nothing happens, the city complaint and, rarely, a nuisance action follow.

Sources

1. California Civil Code § 833 and § 834.
2. California Civil Code § 1714, duty of ordinary care.
3. California Civil Code § 3346 and § 3479.