A neighbor's Eucalyptus: what it does, what the law allows, and what the report settles

What the tree actually does

Blue gum (Eucalyptus globulus) and its relatives were planted across the Bay Area from the 1870s as windbreaks and timber. They grow fast, reach 100 to 180 feet, and shed limbs, sometimes very large ones, in calm summer weather as well as wind (summer branch drop). Bark, leaves and seed capsules fall constantly and the litter is oily and flammable. Shallow, wide roots and a heavy crown make whole-tree failure a real risk on saturated soil. Old coppiced stumps regrow as multi-stem clumps with weak attachments.

The disputes it causes

Limbs on roofs and cars; a 120-foot tree leaning over a house; litter and fire-fuel complaints; a row of blue gums on a property line that nobody will take responsibility for; and, in the hills, the same tree as a defensible-space problem.

What the law says

• The trunk decides ownership (Civil Code 833 and 834).
• You may trim branches and roots that cross onto your land, reasonably and without injuring the tree (Booska v. Patel).
• Roots or limbs causing actual damage can be a nuisance; shade, litter and a blocked view are not (Civil Code 3479).
• A hazardous tree the owner knows or should know about is the owner's liability when it fails; written notice with an arborist's findings establishes that (Civil Code 1714). See dead or leaning tree next door.
• Cutting a neighbor's tree past the line, or injuring it, carries double or treble damages (Civil Code 3346).

What the city adds for this species

Oakland exempts the entire eucalyptus genus from protection; Sausalito lists blue gum as undesirable and outside heritage status; many other cities exclude eucalyptus from their protected lists or exempt it from replacement requirements. Check the city: in a few places (San Francisco significant trees, cities with blanket size thresholds) a eucalyptus is still protected. Where it is exempt, the owner can remove it without a permit, which changes the negotiation entirely. Rules by city →

What the report settles

Whether the tree is an elevated hazard and to what target, which is the question; whether the limbs over the roof can be reduced; whether the tree is exempt from the city's ordinance, which often means removal is the sensible resolution; and the fuel-load dimension, which routes to California Fire Defense when the property is in the wildland-urban interface.

Dispute Assessment Report, from $850. Start the report or text (415) 881-0124 with a photo for a free read.