What is the "trunk" of tree for ownership determination for civil code 833? A palm tree is near PL THe bottom 2 ft of palm tree has a dia of 3.0' at ground level. I would be inclined to call it a root ball, but it is entirely above ground. The tree tapers to a 2 ft dia at 3-4 ft above ground. PL goes through the fat part of tree at ground level by 3 or 4 tenths. Above 3' hi the 2' dia portion is clear of PL. All of tree is clear of PL except for the fat part at ground level. Is the trunk any portion above ground? 3' above ground? "breast height" ? Does it belong to one or both sides of PL? Thanks
TIB
Tree Trunk
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mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
Re: Tree Trunk
Hope these help.
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Anthony Maffia
- Posts: 530
- Joined: Mon Jan 13, 2003 4:52 pm
- Location: Contra Costa County, CA
Re: Tree Trunk
If any part of the tree above ground crosses the boundary line, then the tree is shared ownership. Fully underground roots don't count.
- Anthony Maffia, LSIT