The Tree On The Line
Civ. Code 3346 — three times the actual detriment, twice if the trespass was casual, and five years to sue
In California, for wrongful injury to timber, trees or underwood on another's land, or their removal, the measure of damages is three times what would compensate for the actual detriment.
| The cutter | Damages |
|---|---|
| The cutterWrongful injury or removal | DamagesThree times the actual detriment |
| The cutterCasual or involuntary trespass, or probable cause to believe the land was the cutter's own | DamagesTwice the actual detriment |
| The cutterRelying on a licensed surveyor's survey the cutter procured, which misplaced the line | DamagesThe actual detriment |
The other statute. A person who cuts down, carries off, girdles or otherwise injures a tree on another's land, or on the street in front of a house or lot, without lawful authority, is liable to the owner for treble damages.
Five years. An action for these damages must be commenced within five years from the date of the trespass.
Trimming branches that hang over a line, and who owns a tree on the line itself, come from California court decisions this page does not quote. Whether a particular cutting was without authority, and what it was worth, are questions for a licensed California attorney.
Sources for this section (2)
- Civ. Code 3346 — Damages for wrongful injury to timber, trees or underwood
- Code Civ. Proc. 733 — Treble damages for cutting or injuring trees on the land of another
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.