A neighbor's Pittosporum, privet and hedge trees: what it does, what the law allows, and what the report settles
By Michael Schuck, ISA Certified Arborist WE-15750A, ISA Certified Urban Forest Professional WE-15750AF · Last reviewed 2026-10-23
What the tree actually does
Pittosporum undulatum (Victorian box), glossy privet, cherry laurel and photinia were planted as 6-foot screens and, left alone, become multi-stem trees 30 to 45 feet tall with dense crowns, heavy fruit drop, and aggressive surface roots. They tolerate hard pruning well, which is the good news: a hedge can be reduced substantially without killing it, unlike an oak or redwood. Victorian box in particular is invasive and self-seeds into neighboring yards.
The disputes it causes
Loss of light to gardens and rooms (not actionable), fruit and bird litter (not actionable), roots lifting fences and paving (actionable), multi-stem failures onto fences in wind (hazard), and the neighbor who wants the hedge back at 8 feet versus the owner who wants privacy.
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
Most hedge species are unprotected below the city's general size threshold, but a 40-year-old pittosporum with a 15-inch trunk is a protected tree in many cities, and a hedge of them within 10 feet of the sidewalk in San Francisco is a row of significant trees. Heavy reduction may need a pruning permit. Berkeley, Tiburon, Belvedere, Sausalito and Orinda view ordinances cover sunlight as well as views, so in those cities lost light can itself be actionable. Rules by city →
What the report settles
A reduction specification that restores light and reduces litter within what the species tolerates and the city allows, which both neighbors can sign; root attribution at the fence or paving; and a hazard opinion on multi-stem clumps over a neighbor's structure.
Dispute Assessment Report, from $850. Start the report or text (415) 881-0124 with a photo for a free read.
Questions people ask
Can I make my neighbor remove their pittosporum, privet and hedge trees?
Not because you want it gone. You can act on a documented hazard, on roots or limbs causing actual damage, and on anything that crosses the line, within the self-help limit. Whether removal is even possible depends on the city; see the rules section.
Can I cut the pittosporum, privet and hedge trees roots on my side?
Small and surface roots, yes. Structural roots near the trunk, no; cutting them can kill or topple the tree and make you liable under Booska v. Patel. The report says where the line is for this tree.
Is a pittosporum, privet and hedge trees dangerous?
Some are, most are not, and the answer depends on the individual tree, its condition and what it would hit. That is what the risk section of the report answers in plain terms.
Does the city protect it?
Most hedge species are unprotected below the city's general size threshold, but a 40-year-old pittosporum with a 15-inch trunk is a protected tree in many cities, and a hedge of them within 10 feet of the sidewalk in San Francisco is a row of significant trees.
When you need a lawyer instead of (or as well as) an arborist
Call a California attorney first if a lawsuit has already been filed, if the damage is over the small claims limit and the other side will not negotiate, or if the dispute is really about where the property line is. We work alongside attorneys every week and the report is written to be used in that setting, but we do not give legal advice and we do not opine on property lines. How we work with attorneys →