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HomeCivil CodeDiv. 2Pt. 2Ch. 1Art. 2§ 833 Tree Ownership By Location

§ 833 Tree Ownership By Location

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 833 Tree Ownership By Location

Key Takeaways

  • •If a tree grows completely on your land, it’s yours—even if its roots spread to your neighbor’s yard.
  • •You own the tree even if its branches or roots go into someone else’s property.
  • •This rule has been around since 1872.

Example

Your neighbor’s big oak tree has roots growing under your fence into your yard.

Even though the roots are in your yard, the tree still belongs to your neighbor because the trunk is entirely on their land.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 833 Tree Ownership By Location

Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. (Enacted 1872.)

Last verified: January 21, 2026

Key Terms

trunkslandownerroots

Related Statutes

  • § 1013 Property Affixed To Land
  • § 8064 Co-Owner Action Authorization
  • § 1044 Transferable Property Exceptions
  • § 1045 Nontransferable Mere Possibilities
  • § 1046 Transferable Reentry Rights

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 833.
View Official Source