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THE VALLEY BUSINESS JOURNAL 18 www.TheValleyBusinessJournal.com April 2021 A Tree Grows in Big Bear Legal Issues Relating to a Tree that Sits on the Boundary of Two or More Adjoining Properties By Michael G. Kerbs, Esq. As the old saying goes, “you can’t pick your neighbors.” In Southern California where property is a valuable commodity, it is common for adjoining properties to be close in proximity. One issue that is relatively common due to the lack of significant distance between neighbors is the responsibilities of property owners when a tree is located on or near the boundary that separates the properties. In California, in the situation where the trunk of a tree is entirely on one property, but there are roots or branches that cross over on to the adjoining property, there are restrictions on the actions available to the adjoining property owner. Ordinarily, when the roots of a tree from one property grow into the land of the adjoining property, the neighboring property owner has the right to cut the roots. However, there is an exception when cutting the roots kills or injures the tree. In Booska v. Patel (1994) 24 Cal. App.4th 1786, the court held that there is no absolute privilege for cutting the roots when the result causes damage to or kills the tree and therefore the party that injures the tree is responsible for the damage caused to the tree. Another set of possible issues is involved when the tree is located on the boundary and is growing on both properties. Under Civil Code Section 834, trees whose trunks stand partly on the property of two or more owners belong to them in common. Neither owner is free to cut down the tree without the consent of the other. Also, neither property owner is entitled to trim or cut away part of the tree if it causes injury to the tree. (Kallis v. Sones (2012) 208 Cal.App.4th 1274, 1278.) Lastly, in the December 2020 case of Russell v. Man, the Court addressed the issue of whether a property owner can be held responsible for treble damages under Civil Code section 3346, and Code of Civil Procedure section 733, if actions taken entirely on their own property cause damage to a tree located on an adjoining property. As set forth in these statutes, for injuries to trees, the measure of damages is three times the value of the tree. Russell involved two adjoining properties in Big Bear and a mature pine tree that was located entirely on the plaintiff’s property, with roots growing in part on the defendant’s property. The defendant dug trenches on his property and the trenching activity caused the pine tree to die. The trial court entered an award of treble damages against the defendant for three times the value of the tree. The Court of Appeal in Russell reversed the award of treble damages, holding that both Civil Code section 3346(a) and Code of Civil Procedure section 773 require an actual trespass onto the plaintiff’s property to support an award of treble damages. Because all of the activity that caused the tree to die occurred on the defendant’s property, there was no trespass and thus treble damages were not recoverable by the plaintiff. The same result was reached in the recent California Supreme Court decision of Scholes v. Lambrith Trucking Co. (2020) 8Cal.5th 1094. In summary, all property owners should act with care when deciding whether to trim a tree that is situated in whole or in part on an adjoining property. Michael G. Kerbs, Esq. is the managing partner at Reid & Hellyer, APC. He specializes in business and real estate litigation as well as writs and appeals. Mr. Kerbs may be reached at (951) 682-1771.
April 2021 THE VALLEY BUSINESS JOURNAL www.TheValleyBusinessJournal.com 19 Technology Trends: CryptoCurrency CONTINUED FROM PAGE 1 Many of you reading this are probably asking yourselves a similar question: what is Bitcoin? Bitcoin is what is known as cryptocurrency. The concept is a relatively simple one, but the practical implementation is anything but. Essentially, the idea behind cryptocurrency is that it provides an anonymous method of payment for digital transactions. Computers generate Bitcoin by solving complex mathematical equations, a process called mining, by performing billions of these calculations. In the early days of Bitcoin, it was relatively simple to mine, but as more and more people started mining, and usage expanded, it takes longer and longer to mine. The algorithmic calculations used to generate Bitcoins become increasing complex as more Bitcoins are mined. Bitcoins are stored in a wallet—a 26-35 character token that contains the value of your Bitcoins. The wallet is protected by a password generated by the owner. Utilizing the wallet and the password, the bitcoin value is accessible. Transactions can occur anonymously because transactions don’t revolve around accounts or systems that tie you to a particular wallet. The value of the bitcoin isn’t stored at any particular institution such as a bank. The anonymity built into Bitcoin was the chief aspect of the cryptocurrency. This has many regulators and members of law enforcement worried. By allowing online transactions to be entirely anonymous, this line of reasoning holds, facilitates illegal activity. Although this may be an unpreventable consequence of Bitcoin, its proponents argue that this is merely a byproduct of cryptocurrency, much the same way that physical currency can be used for illegal activity. Recently however, new concerns have risen concerning cryptocurrency, and Bitcoin specifically- runaway speculation. The value of Bitcoin has risen tremendously in its short history. In July of 2010, one Bitcoin was worth approximately $0.08. On December 15th, 2017, one Bitcoin was worth $17,500. As of this article’s writing, the value is over $56,000, however it has swung tens of thousands of dollars in as little as a month. This seemingly runaway speculation has many of the hallmarks of the DotCom Bubble of the 1990s. If you are interested in learning more about Bitcoin or cryptocurrency in general, the potential for investment, and what can be purchased with cryptocurrency—it is exceedingly important to be informed. Bitcoin and other cryptocurrency is still in its infancy; the savvy business owner would do well to make an informed, and cautious decision about whether to begin investing in or accepting Bitcoin. Mythos Technology is an IT consulting and management firm that provides Managed Services including hosted cloud solutions. For more information, please visit www.mythostech.com or call (951) 813-2672. TECHNOLOGY by by James Steve Laszko Fillingim MYTHOSTECH.COM “ Many of you reading this are probably asking yourselves a similar question: what is Bitcoin? Bitcoin is what is known as cryptocurrency. The concept is a relatively simple one, but the practical implementation is anything but.
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